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Do you want to know what the car accident policy is in your state? Or, is it possible to seek damages for pain and suffering if a driver was injured in a car accident? Generally, accident laws are formulated by the law enforcement authorities present in the state. These laws help and aid individuals involved in car accidents by guiding them on the appropriate actions, liabilities, and rights of the parties concerned. The rules within the purview of the accident law can vary from one state to another. For this reason, it is important for individuals to be aware of the laws within their state in the event of an accident. To understand more about this law or to get answers after being involved in a car accident, legal Experts online can be of assistance.
Read below where Experts have answered a few questions related to car accidents.
Massachusetts is a ‘no-fault’ state with respect to auto insurance and car accidents. In this state, those injured in car accidents are expected to seek compensation under their own coverage. Comparative fault rules are used to resolve cases where an injured person has to share some level of fault for the injury. Damages can get reduced in the Massachusetts’ version of the comparative fault rule if an injured person shares less than 50 percent of the fault and eliminates damages for an injured person sharing 50 percent or more of the fault. The liability of the person at fault is not necessarily eliminated of damages if those damages were caused by that person.
Case Details: The limit on the policy was $5,000 and the actual costs exceeded $6,000.
If the accident company’s policy covered only up to $5,000 which has been paid out, the balance is liable to be paid by the car owner. In future, prior to taking insurance one should be aware of the limits and avoid this problem altogether if one’s own insurance company covers a person. If not, the amount is still owed to the company. There may be a possibility to propose a settlement for the balance owed such as half of the amount by convincing them of any hardships being faced. After this, it is dependent on the company to take a decision at their discretion. If they refuse, the obligation to pay would remain, especially if the car owner was at fault resulting the accident.
Though this is technically possible, it can be complicated and difficult to accomplish. Each state has a law that states that a driver must maintain a safe distance from the car in front or around them while on the roads. If a person hits another vehicle, it is a violation of this statute and if a judge or jury finds that it has been violated, negligence or ‘negligence per se’ is automatically assumed. There may be occasions where the ‘lead car’ has been found negligent. Although the insurance company of the driver who rear ended may automatically assume liability from their point of view, the main challenge here is to overcome this ‘negligence per se’ assumption. The other driver’s insurance company is unlikely to get convinced to pay for damages without a trial.
Case Details: The other driver has been charged and convicted for DUI, along with license suspension and house arrest.
If the other driver who was responsible for the car accident has insurance they are responsible for paying for the victim’s medical expenses as well as damages to the victim’s car, personal expenses, absence from work, and pain and suffering. To seek these damages the main proof required by court is a copy of the driver’s insurance policy, a copy of the police report and evidence that supports the request for damages. There is no requirement for a lawyer to sue either. If the driver is not insured, collecting a judgment can be difficult but not impossible. If a judgment is obtained, it is good for five years after which it should be renewed. If the driver owns a home and is not married to obtain payment, a lien can be placed on the property or a lien can be placed on the bank accounts. Since the driver has been convicted of DUI at the time of the accident, it implies that they are most likely to lose a civil case. There is a legal concept which states that if a person breaks the law related to safety (such as speeding or DUI) while driving the presumption is that, that person has caused the accident.
Case Details: The car is owned by a different person.
The person needs to sue both the owner and driver of the vehicle, since the owner of the vehicle is liable for any damage caused by anyone else who uses their vehicle. A judgement would need to be obtained against the concerned people where one has to seek to enforce the judgment against their bank accounts, their property, and against the driver’s license if they refuse to pay for the damage.
As seen above, car accident laws cover legal aspects of accidents and can vary from one state to another. If you are involved in an accident or a loved one is, it is important to be aware of the rights and liabilities of the parties concerned but it is not always practical or feasible to find answers on your own or hire an attorney. This is where legal Experts online can pitch in with their insights and professional opinions at a fraction of the cost from the comfort of your home. To ask your particular question on car accident laws and get customized answers contact verified Experts online.
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