Personal Injury Firm in Los Angeles
The driver who is found liable for causing a car accident will typically be the one who ultimately ends up being responsible for having to pay damages for the harm they have caused to the victims of an accident.
However, there are times where the fault is not necessarily clear and more than one individual may be held responsible for the crash. Extensive review and analysis is conducted to ensure that a suitable punishment is administered to those involved in the incident.
The insurance companies who insured the drivers in the accident are the ones that determine who is at fault. They distribute a relative percentage of fault to each party based on the driver’s behavior during the initial impact. In the state of California, this is known as comparative liability.
The claims adjuster will determine the degree of fault based on the circumstances tied to the accident. Overall, insurance adjusters will have to look to state laws to get an idea of which driver(s) acted negligently, as well as how to distribute liability.
In some cases, insurance companies may pay an appropriate portion of the insured driver’s share. An example could be: Company X has a driver who is 60 percent at fault while Company Y has a driver who is 40 percent at fault. Company X may pay 60 percent of the settlement while Company Y pays the amount of 40 percent.
It is possible that insurance adjusters may work with their clients to figure out the most suitable percentage of fault for each party involved. Drivers could of course advocate to get the lowest percentage of fault with the help of their legal counsel. However, if there is no agreement between the insurance adjuster and the driver, then it is up to the court to decide who is primarily at fault for the incident and to what degree.
Insurance adjusters are expected to review various forms of information to get an idea of who is mostly at fault. Factors they consider will include:
West Coast Trial Lawyers Is Here to Help
At West Coast Trial Lawyers, we offer experienced attorneys that are readily available to help you get the justice and the maximum compensation you deserve. If we do not win, you owe us nothing. There is no financial risk when making a free consultation to get your case started. Call us today at (213) 927-3700 or email email@example.com for immediate legal assistance.