What Is Fault? How Can It Affect My Auto Injury Case In Pennsylvania?
Fault refers to legal responsibility for an accident. For example, if someone was rear-ended while they were lawfully stopped at a red light, then the person who rear-ended them would be considered at fault. In an auto injury case, an injured party can make a claim for property damage and/or pain and suffering, against the at fault party.
Pennsylvania is a comparative negligence state, which means that any party to an accident can be held responsible, partially or fully for the accident. If an injured party is found to be partially responsible then the amount of their recovery could be reduced by their percentage of fault.
Should I Notify My Insurance Company Of An Accident? What About The Other Party’s Insurance Company?
Anyone who is involved in an accident is obligated under their policy to notify their insurance company. You should also make sure the other party’s insurance company was also notified. You don’t want a situation where the other person’s insurance company denies coverage because their client failed to notify them. If someone is bringing an injury claim to an attorney, then the attorney will notify the other driver’s insurance company and put them on notice that there will be a claim for personal injury.
What Defenses Do Insurance Companies Use To Avoid Paying Out Injury Claims?
Insurance companies will do whatever they can to avoid paying out on injury claims. The first thing the insurance companies will want to know is whether the injured party has full or limited tort. If an injured individual has limited tort and only a minor injury, then they could be precluded from recovering for pain or suffering. Significant injury is required under the limited tort status for recovery of non-economic damages, such as pain and suffering. In order to avoid paying out on a claim, some insurance companies will argue that the injuries involved were not caused by the auto accident in question, and they will conduct an investigation in order to look for evidence that suggests the injuries were either pre-existing or could not have occurred as a result of the accident. Insurance companies will also try to argue that the injured party was somehow at fault for the accident.
For more information on Fault In Auto Injury Cases In Pennsylvania, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (215) 750-9202 today.
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