Insurance claim who is at fault

Comparative Negligence If your state uses pure comparative negligence, you may recoup accident-related expenses from the other driver based on their degree of responsibility for an accident. For example, if the other driver is 60 percent at fault, their insurance company may pay up to 60 percent of your medical expenses and repair bills. You or your insurance would pay the remaining 40 percent.

Modified Comparative Negligence If your state uses modified comparative negligence, you may not recoup expenses from the other driver if you're more than 50 or 51 percent at fault for an accident. In those states, you would have to pay for your own medical expenses or repair bills, even if the other driver was partially at fault. Contributory Negligence Or Pure Negligence If your state uses contributory negligence, you may not recoup expenses if you bear any responsibility for an accident.

For instance, even if you were only 5 percent responsible for the accident, you would not get paid from the other party's insurance. Remember that recouping your costs after an accident depends on state laws and the car insurance coverage on your and the other driver's policies. Accident Details Typically, when you file a claim , an insurance adjuster is assigned to your claim. The adjuster will gather details about the accident. This may include reviewing the police report, interviewing involved parties and assessing photos of damage.

Based on their review, the adjuster works with the insurer to determine who's at fault for the accident.

Your car accident claim may be paid in a number of ways, depending on your insurer and who is at fault. Your insurer may pay part of your claim, based on the coverage you have on your own auto insurance policy.

Or, you may get a claim payment from the other driver's insurer. If you have questions, reach out to your insurance agent or the adjuster assigned to your claim.

What Is Auto Liability Insurance? Retrieve a saved quote. Skip to main content Explore Allstate. The degree of fault responsibility directly relates to the amount of compensation a given party will receive. Additionally, each party must use their own insurance for repair expenses and medical bills — even in cases where fault is shared across multiple parties.

The police report is considered a good, objective look at the accident. If you gathered evidence, your insurance company is going to use this to help determine fault. They might also collect evidence from the other insurance company. If there were witnesses who provided their names and contact information, your insurance company will reach out to them to get their take on the accident.

Your insurance company will carefully evaluate the accident location, the time of day and other factors. For example, certain areas are known to be dangerous, or inclement weather could have been a factor, or construction or another accident may have played a role in your incident. They might not rise at all. Your insurance company will look at several factors before making any rate determinations. And if you have accident forgiveness on your policy, your rates may not go up.

If your premium does increase, your next step is to start fresh and reestablish your good driving record. And be sure to check out our auto insurance comparison guide to discover what coverages work best for you.

Get an insurance quote. ZIP Code is required. Invalid ZIP Code. ZIP Code. On The Road. Back to top What Is a No-fault Accident? List of No-fault States. Contact the proper authorities If you or others need medical attention, call immediately.

Avoid admitting fault after the accident You might find it difficult, but try to avoid admitting fault. Contact your insurance company You'll want to let your insurance carrier know about the accident right away. Report the facts Admitting fault to your insurance company after a car accident is never a good idea.

Share the police report If the police came to the scene of the accident and made a report, let your agent know. Child abuse - advice and support Advice for people affected by child abuse. Law and courts Legal system Claiming compensation for a personal injury Discrimination Parking tickets Civil rights. Top links Making a small claim Help for victims of rape and sexual violence.

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Vehicle insurance if the accident wasn't your fault This advice applies to England Print. Did this advice help? Yes No. Why wasn't this advice helpful? Select Region. United States. United Kingdom. Ed Leefeldt, Amy Danise. Contributor, Editor. Editorial Note: Forbes Advisor may earn a commission on sales made from partner links on this page, but that doesn't affect our editors' opinions or evaluations. Was this article helpful? Share your feedback.

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