If you drive a car then you will likely be involved in some type of car accident during your lifetime. Before this does happen, there is information that you should be aware of to ensure you are treated properly. Below is some of this information so you will be well prepared if you are in an accident.
Tort Liability System
Most states have a tort liability system. This is where you will be compensated when you are in a car accident that is not your fault. This may be someone's negligence or other type of misconduct that caused damage to your car and injury to you.
Anyone that drives a car is required to have at least liability insurance. Liability insurance will cover all damages and injuries that you sustain in a car accident but does not cover the other person's car. Many people have full coverage which covers both you and the other driver.
There are some states that require drivers to also have a no-fault policy added onto their insurance policy. This no-fault policy means your insurance company will limit the amount of money they pay to another driver if the accident was your fault. This no-fault policy also means the other driver will not be able to sue you but only recover damages to your car by your insurance company.
How to Prove Fault
In many states the only way you can receive money from damage to your car and medical bills is to prove the other driver was at fault. This can be very difficult to do.
The easiest way to prove the other driver was at fault is if they were driving while drinking, or if they were caught texting on their smartphone while they were driving. Doing other things to distract from driving can also be used, such as putting on makeup, or driving with little sleep.
The police report is your best defense. For example, the other driver may have been arrested for a DUI after the accident. The police officer may have seen the driver texting or doing something else that was distracting while driving.
It is important that you only say to the police officer what you have to. This way you will not accidentally say something that would make the police officer think the accident was your fault. This is especially true if the other driver is blaming you for the accident.
The best thing you can do is to hire a car accident attorney. They know all the laws and can help prove you were not at fault or be able to defend you if you could not prove fault.