If you have recently suffered significant injuries in an auto collision that was caused by another driver, many states will provide you with the right to pursue and collect monetary damages, which can be done by filing an insurance claim with your insurance company. However, the exact rules will vary from one state to the next, so it is important that you work alongside an experienced auto accident attorney who is familiar with the law and can assist in establishing liability. As a general rule, though, establishing liability will depend greatly on the circumstances on the collision and whether you reside in a no-fault or fault state.
Drivers carry a certain type of insurance coverage that is known as personal injury protection (PIP), which will pay for their own individual damages, regardless of who was at-fault for an auto accident. With this type of system, it is less important to establish liability due to the fact that each driver's insurance company will cover their losses regardless of which driver caused the accident. Of course, in some states, the injured driver may still be eligible to file a claim against the responsible driver in the event that the costs of their injuries exceed their PIP insurance coverage limits.
In most areas, the driver who caused the collision will be legally responsible for all related damages that someone else suffers, which includes lost wages, medical bills, and emotional trauma. In order to establish liability, it will consist of accident reconstruction and conducting witness statements to prove that rules of the road were violated by one driver. Maybe that driver failed to stop at a stop sign or red light, was speeding, or was driving under the influence. If your attorney is able to prove that this driver's recklessness or negligence is what caused the collision, that driver's insurance company will be required to cover the related damages.
If you have been involved in an auto accident in your state and have suffered significant injuries at the hands of what you believe to be a reckless or negligent driver, regardless of whether you live in a no-fault or at-fault state, it is important that you consider hiring a professional car accident attorney to help you in establishing liability and pursuing the compensation that you deserve. For more information, schedule a consultation with personal injury law firms like Maineri Law Firm today.Share