Liability in auto accidents is typically the most hotly contested portion of any insurance claim. Liability, also called fault, is typically governed by state law and varies depending on where you live. Some states practice comparative liability, which can determine how much of the bill an insurer will pay – or whether the insurer pays at all. Understanding fault or liability is the key to understanding how St. Paul auto accident claims work, and whether you’ve got a viable claim.
If You Can’t Prove Liability, Your Claim may be Denied
Fault or liability in auto accidents is the key issue that determines whether or not an insurer will pay. The bottom line in any car accident claim is that if you can’t prove liability to the extent required by the laws in your state, your insurer doesn’t have to pay. Proving liability may rely on the police report, witnesses and occasionally a private investigator. Because proving liability is typically the most difficult part of litigating a case, and the basis for any auto accident claim, this is where most insurers focus their efforts.
Fault Varies, so Consult an Attorney
Liability requirements vary from state to state, and can be quite complicated. In some states, the extent to which you are responsible for the accident determines how much you’ll have to pay. For example, if you’re in an auto accident and the other party is 80 percent liable for the accident, their insurer only has to pay 80 percent of the bills – you or your insurer will have to pay the other 20 percent. In some states, if you’re more than 51 percent liable, the other insurer doesn’t have to pay anything at all – even if the other party is 40 percent at fault for the accident.
Because state laws vary so wildly, it’s a good idea to contact an St. Paul accident attorney to help you determine liability in an auto accident. If you can’t prove liability, your auto accident claim may be denied outright.