How do adjusters determine who is at fault in a car accident? You can expect adjusters to thoroughly review all of the evidence to decide who caused the accident.
This determination can impact how much you may be able to recover, so it is important to hire a Duluth car accident lawyer to represent you and secure a favorable outcome for you.
Protect Yourself and the Outcome of Your Claim
When filing a car accident claim after an accident, insurance adjusters will review the accident. Their evaluation carries significant weight, and ensuring you are protected and prepared for the claim process is important. As such, knowing what to do after a car accident can set your case up for success and should include the following steps:
- Receive medical care
- Protect the scene and your safety
- Exchange information
- File a police report
- Take photos and videos of the scene
- Hire a car accident lawyer
- Contact the insurance company
Refusing or failing to take any of the steps above can hurt your claim, so be sure to follow each step to the best of your ability. This information ensures that you have enough evidence to support your claim, and it can help the insurance adjuster make a more accurate assessment. A lawyer can also help you get the maximum settlement you are entitled to receive.
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How Insurance Adjusters Determine Who is At Fault
Before an insurance company will issue a settlement for your injuries and damage, they must first investigate and understand who is at fault in a car accident. To do this, they will look at all the available evidence to see what factors contributed to the accident and how the event transpired. Some documentation that an insurance adjuster will commonly look for and review include:
- Police report
- Photos
- Witness statements
- Interviews with the individuals who collided
Each piece of evidence creates a picture of what happened and provides valuable insight that can be used to reach an at-fault determination. An adjuster will also evaluate what other factors might have contributed to the accident. Once they have finished reviewing your claim, their findings will be reported to the insurer, a decision will be made, and you will be notified.
The Role of Negligence When Determining Fault
When determining fault in a car accident, negligence is closely examined. This shows that one party had a responsibility to prevent harm, disregarded their responsibility, and caused harm and injury as a result. Typically, the negligent party is responsible for paying for the victim’s damages as a form of restitution.
Depending on the situation, you may be able to recover compensation for partially faulted car accidents since Georgia uses a modified comparative fault approach. Because each party’s level of contribution is evaluated and assigned a percentage, those who have contributed to an accident can still recover damages, but the amount will be reduced in proportion to their fault. However, any party over 50% at fault for the accident is prohibited from recovering any compensation.
When you hire a lawyer, they can help ensure you are only liable for minimal or no fault so you can recover as much as your situation allows. They can also help establish the other party’s negligence and determine who is at fault in a car accident. They will also demand that your settlement offer is fair and reflects the value of the losses you sustained as a result of the other party’s negligence.
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How an Attorney Can Assist You With Your Case
It is not uncommon to wonder if it is worth getting a lawyer for a car accident, especially if you are just filing a claim with the insurance company. However, insurance companies often try to pay you as little as they can, and an attorney can speak for you so you are not taken advantage of. They will also ensure that the insurance company does not try to deny your claim on a technicality.
Additionally, there are times when the other party’s insurance coverage may not be sufficient to cover your losses. When this happens, you may be able to file a personal injury claim instead. A lawyer can guide you through this process, and they can help you meet the various requirements.
A lawyer will take the time to listen to you when they take your case and will determine the most effective course of action for your specific situation. They will also investigate the accident to ensure they have all the information needed to get you the results that you need to be able to recover. Regardless of your needs, your lawyer will protect your rights and be your ally at every turn.
Statute of Limitations for Car Accident Claims
Any party wishing to file a car accident claim should be aware that there is a limited time to do so. According to Georgia Code § 9-3-33, claimants have two years from the time of the accident to take action. Attempts to file after the statute of limitation has expired are likely to be prohibited.
Your lawyer can verify the remaining time available to you when they review your case. It is important to be aware that waiting too long to file can actually hurt your chances of a favorable outcome. The strength of a case can weaken over time, so the sooner you can take action, the better.
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Slam Dunk Attorney Secures Maximum Results for You
Slam Dunk Attorney knows it can be stressful waiting on the insurance adjusters to determine who is at fault in a car accident and how much compensation you might be entitled to receive. To ensure you receive the maximum amount, an experienced car accident lawyer can advocate for you and negotiate with the insurance company on your behalf.
Schedule your free consultation with Slam Dunk Attorney today and learn more about how our team can help you bounce back.
Call or text 404-951-3513 or complete a Free Case Evaluation form
