Negligence and insurance laws may affect car accident damages

| Oct 6, 2020 | Car Accidents

Getting in a car crash can be shocking, painful and expensive. But enrolling in auto insurance can be instrumental in recovering damages.

If you’ve ever been in a car accident, then you understand that everything can be perfectly fine one minute. Then, seconds later you are waiting for help in the middle of the road. Since these awful incidents can happen in a matter of seconds, it may be useful to look at how your insurance plan will help you. You can also review state negligence rules, so you know what to expect during the claims process.

Types of insurance

Pennsylvania residents can choose between two different types of insurance — traditional tort liability and no-fault. When deciding on a policy type, it can helpful to imagine you’ve just gotten into an accident with another driver. Pretend there is damage to your vehicle and that you are facing minor to severe injuries. Suing a reckless driver might be easier to do with a traditional insurance policy. Because although a no-fault plan allows you to seek damages through your own insurance company, even if you contributed to the accident, you typically can’t file a lawsuit. It’s worth noting that a driver can also sue you if you don’t opt for a no-fault policy. But no matter what option you choose, it’s crucial that you remember to renew your policy as needed, as it is unlawful to be uninsured.

State negligence rules

In addition to insurance policy types, state laws on negligence can impact the compensation you seek too. For starters, you will be able to seek damages whether you were completely innocent in the accident or up to 50% at fault. But, if a judge determines that a percentage of the accident was your fault, then they can reduce the amount of compensation you’ll receive by that percentage rate.

A legal expert can review and decide if your auto insurance plan is going to come to your rescue or drain your pockets in the event of an accident. And if you’ve already gotten into an accident, consulting an experienced personal injury attorney can help you reach a settlement that is fair.