What Kind Of Law Does A Car Accident Fall Under?

What Kind of Law Does a Car Accident Fall Under? 

When a car accident occurs, it’s important to know the types of laws that apply to the case. In addition to No-Fault PIP claims, you should know about the laws that apply to Duty of Care claims and Comparative Negligence claims. This article will also address the investigations that Insurance companies perform.

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No-fault PIP claims 

In states where you are not at fault for an accident, PIP can help you pay your medical bills. It also pays for funeral expenses. In some cases, PIP also covers lost wages. PIP also doesn’t cover your vehicle’s damages, which means you will need to have collision coverage to cover those costs. 

Comparative negligence 

Comparative negligence is a legal principle that allows a person who is partially or fully at fault in a car accident to receive compensation. This law allows both parties to recover damages in a car accident, but it reduces the amount of compensation based on the degree of fault. For example, if you were 99% at fault, the settlement would be reduced by that much. If you were not at fault at all, however, you can still file a claim with the other driver’s insurance company. 

Duty of care 

A duty of care in a car accident is the standard of care required of a driver when operating a motor vehicle. This duty requires that the driver operate the vehicle with reasonable care and keep the vehicle in good repair. It also requires that the driver be alert and aware of their surroundings and other vehicles, including pedestrians. If a driver’s actions breach the duty of care, the fact finder must compare the defendant’s actions to those of a reasonably prudent person. 

Insurance companies’ investigations 

Insurance companies send adjusters to car accident scenes to investigate claims. These investigators are not unbiased, and they usually approach these cases with a bias toward the company’s claim value and liability. They must be careful to follow state laws, however. 

Obtaining eyewitnesses 

Obtaining eyewitnesses to a car accident can help you build a stronger case in court. Eyewitness testimony can help counter the at-fault driver’s statements and establish a more complete picture of what happened. It is a good idea to look for witnesses as soon as the accident happens, and get their contact information so you can contact them later. The process of gathering witness testimony can be time-consuming, especially if the accident victim is seriously injured. 

Obtaining insurance information 

If you are involved in a car accident, you should request the insurance information of the other driver. You are also required to report the accident to your own insurance company if you plan to file a lawsuit. However, before you can obtain this information, you need to first exchange information with the other driver.

What Kind Of Law Does A Car Accident Fall Under? | Montag Law