Back Injury Auto Accident Fault Injury Law
Is it important to determine who was at fault in an auto accident that caused a back injury?
Yes. If you are found to be 100% responsible for an accident in which you were injured, you are probably only entitled to claim for no-fault or general medical benefits, but not for other damages that you would be able to get if another person caused your injuries.
All states require drivers to carry automobile insurance. Most insurance policies have “no fault” coverage, meaning that your insurance company will pay your medical bills regardless of who is at fault in an accident. If you have purchased collision insurance, your insurance company will pay to have your car fixed or will pay you the value of the vehicle in a total loss. If you are not at fault in the accident, your insurance company will look to the insurer of the driver at fault for reimbursement. If you do not have collision insurance and you are not at fault, the insurer of the driver at fault will pay for your property damage. In many states, a plaintiff is entitled to recover the value of his or her case reduced by the percentage of fault for the accident due to the plaintiff’s own negligence. This system is called “comparative fault.” Even if you are partially to blame for an accident you may still be able to recover for your damages. It is worth discussing your situation with a lawyer to find out whether or not you have a claim.
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