At Fault


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Establish who's at fault for a car, motorcycle, or bicycle accident.

Although often the best way to avoid being at fault is to obey the law and drive safely, there are some instances you cannot control, and the insurance company finds you at-fault for an accident that has occurred. When most people discover they are found at-fault, they feel a pit in their stomach.

This is because insurance companies have a reputation for raising your rates when you commit these type of accidents. But, if leveraged correctly, a previous driving record can stave off a rate hike. Remember to check with your insurance company if your rates are scheduled to rise, as they have a habit of raising rates without prior notice.

At Fault by Kate Chopin

Make sure you understand your state's minimum car insurance requirements , so at least you have full coverage for bodily injury liability and property damage liability when you are found to be at-fault for an accident. If you have not purchased enough insurance to cover damages caused to people or property when you have an accident, you may be sued for the additional costs involved.

While accidents are unavoidable—and often the rising rates that accompany them—there are measures you can take to avoid causing an accident. They include putting your phone away while driving, avoiding the consumption of substances that may impair your ability to drive, and obeying all the legal and safety rules of the road—even if you do not agree with them.

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How Accident Fault is Determined by Police, Insurance, and the Courts

By Emily Delbridge. Rear-ending Another Vehicle. Take pictures of any damage caused by the accident, as well as any injuries, if possible. Also be sure to take pictures of the surrounding area. Take as many pictures as you can, from as many different angles as you can. DO seek medical attention. If you suspect that you are injured as well, you should seek immediate medical attention. You should do this not only to protect yourself from any injuries, whether apparent or not, but also to account for any damages that you may suffer in the event that you have a claim against the other people involved in the accident, or against a third party.

DO report the injury to your insurance company.

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Failure to do so in a timely manner can result in having your injury claim denied - rightfully or not. DO contact an attorney. Contact an experienced personal injury attorney as soon as you can.

The General Rule: The Rear Vehicle Is Liable

An experienced attorney will help guide you through the process. You must wait at the scene until you have exchanged information with the other party or the police allow you to leave.


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If a vehicle is involved, only move your vehicle if it is creating a safety hazard or you are required to do so by law. Anything that may be relevant to the accident or injury must be preserved. Do not apologize to the other party because this might be construed as evidence of fault.


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Inform the opposing attorney that you have retained counsel and provide his or her information. If the opposing attorney continues to harass you, report them to your state bar. The complete assessment of liability and the scope of injuries will not be known to you for some time. Wait to discuss your case with an attorney experienced with personal injury cases. To learn more about how fault is established in a personal injury claim, see Determining Fault in a Personal Injury Case.

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Premises Liability: Who Is At Fault

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