At Fault Car Insurance Accident – Who Should Pay The Claim?
Reader question:
If I’m changing lanes and somebody in the lane I’m changing to is pulling out of a parallel parking spot, who is the at fault driver if we get into an auto accident?
Jerry
That’s a good question, Jerry.
It all depends on the timing of your little collision ballet, actually. For example, of the other car started pulling out before you started changing lanes, then that would bring one result. But if you started changing lanes before the other car began to pull out, then it would bring another. IT just goes to show how similar situations can be and how different the results are.
From the situation you describe, though, I want to say that it is most likely that the onus of the accident would be on the person who was changing lanes. The reason for this is, to begin with, that any time you collide with someone in a car insurance accident from behind, you are almost always at fault. This even applies when somebody slams on their brakes and then you run into them. The reason for this is that your car insurance company expects you to practice defensive driving techniques, which would have helped you avoid an accident.
It is also probable that if you started to change lanes and the other person started to pull out at the same time, that it would be a case of shared negligence. That way you would be considered responsible for a certain percentage of the other person’s damage, and they for a certain percentage of yours, depending on how much they are considered to be at fault in this car insurance accident. Either way, the person who ended up paying more would be the lane changer.
Cheers,
Fashun Guadarrama.
Auto Insurance Claim – How To Prove Negligence?
Reader question:
What does it mean to be negligent in an auto insurance accident when making an auto insurance claim?
Mallory
That’s an excellent question.
The word negligent is a term used in the legal sphere to speak of an action that was caused as result of carelessness on the part of the negligent driver. This is often used concerning people, as in a negligent parent is someone who does not watch their child well enough and the child runs out into the woods and is eaten by a bear. In driving, negligent is much the same in that one driver’s careless action causes damage to another person or someone else’s property. For example, say you are passing through an intersection that has stop signs. While you’re in the middle of the intersection, another vehicle drives up to the stop sign that is perpendicular to you, fails to see it, and keeps right on going, and then smashes into the middle of your vehicle. You would have no fault in an accident such as this, because the second driver was completely negligent and didn’t keep an eye out for stop signs and other drivers.
Even direct acts involving the driving itself are not the limits when it comes to the word negligent as it is used concerning auto insurance claims. For instance, say someone who thinks they are especially cool goes driving after dark while wearing dark sunglasses. This person would then have a much lower visibility and could easily miss something and cause an accident. They would be considered negligent, and thus, at fault, because their silliness in wearing the glasses lowered their ability to drive responsibly and thus indirectly caused an auto accident.
Negligence is usually what is used to figure out who is the one who is at fault in a car accident and auto insurance claim, and it isn’t until negligence (or the occasional purposeful act) is found out that someone can be considered the at fault driver. If the other driver in your car accident is found to have acted carelessly, that is, to have been negligent, then they are responsible for any trouble they have caused you. Thi can extend from injuries and damages to your vehicle to anguish that you have suffered from the collision.
Cheers,
Fashun Guadarrama.
Free and Simple Ways to Lower Your Car Insurance Premiums
How can I EASILY lower my car insurance? It seems that all the auto insurance companies that advertise on TV rarely…if ever tell you how to lower your car insurance rates.
For late model car owners – you might only want to carry collision and comprehensive coverage. What is Collision Coverage you ask? Collision coverage insurance pays to repair your vehicle when and if you are ever involved in an auto accident. It also pays no matter who was at fault.
What is Comprehensive Coverage you ask? Comprehensive insurance pays to repair your car when it’s been damaged by fire, vandalism, theft, or other freak acts of mother nature.
How can you save money on collision and comprehensive coverage? By far the easiest way is to carry the highest deductible that you can afford. The deductible amount is the part of the repair cost that YOU will pay for. Raising your deductible from $250 to $1,000 can save you up to 55% on your insurance premium.
Say your car needs $2500 in body repairs after an auto accident. If you carried a $1000 deductible you will be responsible for $1000 and the insurance company would pay the remainding $1500…..and all other costs that might be un-covered during the repair process.
Doesn’t sound like a good deal to you? The amount of money you will save on your annual insurance premium for having a high deductible will more than off set your $1000 deductible pay out in 2-3 years of time.
Personal injury protection insurance is something you might also want to consider as well. What is Personal injury protection you ask? This pays for medical expenses for you and passengers in your vehicle if you’re ever involved in an car accident. It will also pay medical expenses for you and your immediate family if you are ever injured in someone else’s vehicle or when you’re walking or riding a bicycle….don’t laugh this happens quite often.
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