If you’ve ever been in a rear-end collision, you know that it can be painful. You may also have wondered whether your car insurance will pay for the damage caused by another driver’s negligence. Most lawyers will discuss what is a rear-end collision and how they are caused by other drivers’ accidents. We’ll also look at different types of rear-end collisions, their causes, and how to recover compensation after an accident like this one.
Establishing Fault for Rear-End Accidents
In most cases, the driver of the vehicle that rear-ends you will be held liable for your damages. This can be a tricky area to navigate because it’s important to know exactly what kinds of negligence are considered “fault” and how they relate to your own.
Car Accidents and the Concept of Negligence
Negligence is the legal term for a failure to exercise reasonable care. In car accidents, this means that you should have driven in a way that would’ve prevented your accident from happening.
In rear-end collisions, negligence can be established by showing that there was some sort of breach of duty on behalf of the other driver. If someone drives recklessly and causes an accident, they will be found liable for their actions—even if they weren’t at fault themselves.
Comparative Negligence vs. Contributory Negligence
Comparative negligence is the legal defense of a driver who is involved in an accident. It’s based on the degree of fault, not fault alone. If you’re found to be 50 percent at fault for your own injuries and 25 percent at fault for someone else’s injuries, then liability would fall to your insurance company (assuming they have coverage).
Contributory negligence is the failure to exercise reasonable care in the situation at hand. It’s a defense, not a defense.
If you’ve been injured as a result of another driver’s negligence, then you might be able to recover compensation from them under your state law or federal law (depending on where your accident occurred). If they’re found negligent by a jury or judge and they don’t have the means to pay damages awarded against them, their insurance company will likely step in and pay up instead.
Pure comparative negligence:
If you are at fault for your own car being damaged, you can still be held liable for the other party’s injuries. If a rear-end collision occurs and neither driver is at fault, then it will be considered pure comparative negligence. Unlike contributory negligence, which means that you were partially responsible for an accident because of a lack of care or attention to safety on your part (like texting while driving), pure comparative negligence means that both drivers were equally involved in causing harm to another person or property damage.
In most cases where this happens, neither party will receive compensation from insurance companies or third parties unless they have separate insurance policies covering such accidents as well as medical bills related thereto; however if there was no insurance coverage available then there may be an exception made based upon whether certain minimums were met during negotiations between parties involved with each other’s claims against each other’s insurers.”
Modified comparative negligence:
If you are found to have been at fault, then your insurance company will likely pay for the damage and inconvenience of your accident.
However, if you were not at fault (even if it was obvious), then they will probably not pay anything. In this case, we call this “modified comparative negligence.” This means that even though you may have been partially responsible for causing an accident—because of things like speeding or running a red light—the judge may still decide that your own negligence made up for whatever damage was caused by someone else’s mistakes.
But what if both parties were equally culpable? In that case, no one can be held legally liable because there is no way to apportion blame between them; everyone must share responsibility equally!
Next steps after a rear-end collision
If you’ve been in a rear-end collision, it’s important to contact the police and your insurance company as soon as possible. You should also call a tow truck if you can’t get started on any of these steps yourself.
If you have property damage, call your insurance agent or broker so they can help schedule an adjuster from their company to come out and assess the extent of the damage caused by your accident. The adjuster will take pictures of your vehicle and gather information about how much money you want paid out for repairs or replacement parts for things like windshields, tires and mirrors that were damaged due to this incident (the more expensive items will require expert appraisals).
They’ll also write up an estimate based on those numbers—and if there are other claims against them from similar incidents elsewhere around town (like someone getting hit while walking across busy intersections), then those may need paying too!
How to communicate with the insurance company adjuster
Speak clearly and slowly.
Be polite and respectful.Be calm, relaxed, and patient as you answer questions from the insurance company representative or adjuster at your accident scene (or wherever you were involved in the accident).
When answering these questions it is important to remain calm so that you do not raise any suspicion about your involvement in an accident if there are witnesses present who could testify against you later on in court proceedings. The best way to keep your cool during this conversation is by using clear concise language that doesn’t include slang terms or complex sentences. Which may confuse those around them who aren’t directly involved with what’s happening right now between yourself and someone else involved with this matter at hand!
After a rear-end collision, it is important to understand your responsibility and liability. Make sure you are in the right car by getting an insurance quote that fits your needs. If you can’t get an auto insurance policy, there are still ways to protect yourself from financial hardship after a rear-end collision such as filing a personal injury claim against the person who was driving recklessly or suing for damages in court.
For more information about liability and injury claims, contact Makaronets Personal Injury Law in Barrie at (705) 881-1512