Determining Fault in a Car Accident

Fault in a Car Accident

Oftentimes, concluding which party is at fault for an accident is complicated, especially if the parties involved create their own “versions” of the truth which contradict one another. These kinds of confusing scenarios commonly occur at intersections. If you were caught in this sort of accident or anything similar, what can you do to prove that you are not at fault at the scene of the accident?

Identifying the At-Fault Driver

To unveil the truth about who should really be responsible for the accident, auto insurance companies often speculate about who is at-fault driver at first. More often than not, insurance companies agree to a comparative liability settlement. This is when each party involved will take 50% responsibility for the singular determination of fault, or Modified Comparative Negligence depending on the state.

Or they might even agree with the Fault States, where the insurance company instead pays for the accident depending on the property damages or the medical expenses from said accident.

However, if any of the drivers involved denies liability, insurance companies agree to disagree and allow their clients to resolve their issues through litigation.

Nevertheless, leaving their insured to “fend for themselves” is a more tedious and complex process. If this doesn’t work, insurance companies start the process of arbitration to resolve legal disputes, insurance claims, and the percentage of fault towards either party.

What Happens in Arbitration

In arbitration, both parties have the chance to present “evidence” to put liability where it is due, with a third party as arbitrator deciding the proportion of fault for each party. Since going into arbitration is usually cheaper than litigation, this is a choice preferred by insurance companies to reach a faster settlement and resolution. Arbitration is also a flexible process where those involved in the accident are encouraged to participate fully, and can usually be scheduled at the involved party’s leisure.

While arbitration may resolve disputes efficiently, there is always a possibility that the arbitrator will get the decision wrong. Even though arbitration is governed by State laws California Rule of Court 3.820, it can still be regarded as an uneven playing field for legal disputes especially with the “take-it-or-leave-it” nature of many arbitration clauses. Another major concern is the questionable fairness of the arbitrator, particularly when this neutral third party comes from a pool list where a preference is often involved.

Controversies started to arise regarding the loopholes of arbitration. In fact, due to these issues, into law, known as the “California Ban on Mandatory Arbitration Agreements”, which bars legislation companies and organizations from resolving employment law claims through forced arbitration.

Why You Need an Attorney

Although arbitration cannot be banned fully, as it has become a mainstay in resolving legal disputes across the United States, the risks of being involved in this process after a car accident are still there. But, no matter what path the insurance companies choose, you always have a choice to establish liability for the car crash.

Use this privilege to determine who was at fault and resolve your claim. With the right people working on your side, you don’t have to worry about proving who was at fault — Farahi Law Firm’s car accident lawyers will establish everything for you.

At Farahi Law Firm, APC, we always seek justice for victims like you. For the excellent legal representation of your case, call us today at (844) 824-2955. It’s free, 24/7! No fees until we win!

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