When you are hurt in a car accident caused by another party, your plan to get compensation is to pursue damages from that party. Unfortunately, some car accidents will only get you partially compensated even when you are not at fault. Commonly known as modified comparative fault, many insurance companies use this method to reduce your payout. The point is to assign part of the blame on you for the accident. The following are some things you need to know.
What Does Modified Comparative Fault Mean?
Modified comparative fault is a method that reduces the total settlement you will receive as your compensation in a car accident if you have any type of negligence that may contribute to the accident. For instance, if you are sideswiped by a car that ran a stop sign, you might be partially at fault if you were driving too fast when you were hit, and your speed can be proven. If this happens to you during your settlement negotiations, you need to contact an attorney right away.
Why Does an Insurance Company Utilize Modified Comparative Fault?
Insurance companies use modified comparative fault to help reduce their total payout for a car accident. This method helps them assign liability to every factor in a car accident claim. The adjuster settles the claim by examining all aspects of a claim. If the adjuster has reason to suspect you had a role in the car accident, they will use that information to come to a final settlement figure for your claim.
Do You Need a Lawyer?
If your state uses modified comparative fault for car accident claims and you believe this can happen in your case, you should hire a lawyer who works on these types of cases. Many car accident claims settle and do not end up in front of a judge. It is easier and cheaper for an insurance company to pay you a settlement rather than going to court. Unfortunately, the settlements offered initially are not always appropriate for the damages you endured during the accident. A lawyer will communicate with the insurance company for you to help you get a more appropriate figure for your damages. Your lawyer will argue that any actions on your part that may have contributed to the accident are negligible and likely did not have an impact on the cause of the accident.
If possible, do not accept an offer from an insurance company without seeking legal advice. If you have any questions, be sure to contact an attorney right away.
For more information, contact a car accident attorney like Aldridge Teasdale PLLC.Share