What happens if I have a partial fault in a car accident?

Being involved in any car accident can be stressful and confusing. However, when deemed partially at fault, you may have even more questions about what happens next and how your insurance company will handle your claim. If your collision is a partial fault accident, a Savannah personal injury lawyer can help you.

What does partial fault or partial liability mean?

If you have a partial fault in a car accident, it means investigators have determined you hold some percentage of responsibility for causing the crash. However, the other drivers (or drivers in multiple car pile-ups) were also negligent in some way that led to the collision occurring.

Georgia follows “comparative negligence” guidelines to divide fault and financial obligations depending on each driver’s role in a partial fault accident. For example, you may be 40 percent at fault for the accident while another motorist is 60 percent liable. Your insurance payouts and future premiums are impacted accordingly.

How is fault determined in a multi-vehicle accident?

Investigators from insurance companies and police will collect evidence from the scene, like skid marks, damage patterns, witness statements, and other forms of evidence to reconstruct how the crash occurred and where drivers failed to avoid the collision. They determine the percentage likelihood various behaviors contributed to the incident.

For instance, you may have followed another car too closely while a second motorist simultaneously ran a red light into your path. In this scenario, liability might be shared unevenly across all three drivers based on greater or lesser degrees of negligence shown.

Does partial fault impact my insurance claim and rates?

If you are partially at fault for your car accident, your bodily injury claim and property damage payout will be reduced by your percentage of assigned fault. For example, if you are determined to be 20% liable for the crash, you would likely only recover around 80% of your total losses from your insurer or the other driver’s insurance provider.

Insurers see drivers with a partially at-fault car accident as higher risk and more likely to file claims down the road. Because of this increased risk, drivers with partial fault accidents on their policy record typically face insurance premium increases at renewal time. However, these are usually lower than premium hikes for a primarily at-fault collision.

What if I only have liability coverage?

Liability insurance only pays for damage you cause to others and does not cover your vehicle repairs or medical bills. So, if you are partly negligent in the accident, the other driver’s property damage and injury claims would still get paid per your policy’s liability limits.

However, you would need to recover your accident-related costs through other insurance coverage (if applicable), out-of-pocket, or by negotiating a settlement with the other driver directly. Their insurer may offer a partial payout even though you were also at fault.

Should I get an attorney for a partial liability car accident?

When multiple parties share liability in a crash, going through the claims and aftermath process can carry many challenges. In complicated situations involving extensive property damages or severe injuries, connecting with an attorney could provide perspective when determining suitable next steps.

Seek legal support after a partial liability car accident

Being in a partial-fault car accident can leave you feeling overwhelmed. Trying to handle insurance claims, negotiations, and legal processes on your own is incredibly hard. Having legal representation on your side can help during this stressful time. Contact our team at (912) 461-6798 to get started with the right step.