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 Posted: Mon Aug 24, 2009 11:50 am Post subject: two at-fault parties.. |
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How does one file a claim if there are two at-fault parties in an accident?
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Bingorules
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| Posted: Mon Aug 24, 2009 12:23 pm Post subject: |
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| File a claim with both insurance companies. |
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tcope
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| Posted: Tue Aug 25, 2009 6:16 am Post subject: |
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Hi Bingorules..
It is not so easy to hold two or more persons accountable for such faults. It is difficult since it's a complex thing to determine the person who's legally responsible amongst all who got affected. Roddick |
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roddick
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| Posted: Wed Aug 26, 2009 9:37 am Post subject: |
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Yes, it is also true that even you could be responsible for it to some extent. If this happens it would be an instance of "comparative negligence" wherein the injured would be compensated for a lesser worth due to the possibility of his negligence.
The fault would then be shared between all those who're held responsible upon relative percentages.
Steven |
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steven
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| Posted: Thu Aug 27, 2009 9:20 am Post subject: |
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Hi Steven..
| Quote: | | The fault would then be shared between all those who're held responsible upon relative percentages. |
This percentage of fault that you're pointing at is decided by the claim adjuster. His primary job is to consult with the injured and weigh the chances of each party's involvement.
The 'proof of fault' gets evaluated between the injured party and the carrier through a negotiation.
This could be done over the phone or sitting face to face with the carrier rep. Roddick |
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roddick
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| Posted: Fri Aug 28, 2009 12:15 pm Post subject: |
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The main aim of determining the party at-fault is to arrive at an agreement and settle it outside the court. This is done to avoid the fees of the lawyer as well as the court charges.
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anonymous00
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| Posted: Fri Aug 28, 2009 4:15 pm Post subject: |
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I was short before as my keyboard was not working correctly.
Something to know is that some states have a Joint and Several law. Some don't and it's different for the ones that do. Basically it means that an innocent 3rd party can hold one at fault person 100% responsible for the loss even if they were not 100% at fault. For the states that allow this, there is usually a minimum limit. When a limit is imposed I've usually seen it at 10%. In this case this means that any 1 person who was 10% or more at fault could be obligated to pay 100% of the innocent 3rd parties loss. Of course, this at fault party can then seek recovery from the other at fault parties.
So it's best to report the loss to all carriers and let them figure out what they need to do. I mention the information above as some adjusters may not know anything about Joint and Several. |
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tcope
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| Posted: Sat Aug 29, 2009 9:12 am Post subject: |
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| Quote: | | Of course, this at fault party can then seek recovery from the other at fault parties. |
I think it would be too much of burden upon the at-fault party for just that 10% fault. Recovering from other at-fault parties would also be a troublesome and complicated procedure. Then, what benefits do they get out of this Joint and Several law?
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anonymous00
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| Posted: Sat Aug 29, 2009 2:50 pm Post subject: |
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| Quote: | | Recovering from other at-fault parties would also be a troublesome and complicated procedure. |
Thing is, one person might be 10% at fault and is required to pay 100% of the innocent person's bills. This could be $100, this could be $10,000 or it could be $50,000. So seeking 90% reimbursement from another at fault part would not be a waste of time.
| Quote: | | Then, what benefits do they get out of this Joint and Several law? |
J&S is protection for an innocent 3rd party. Basically is allows them to be paid (as they should be) and shifts the problem of fault back over to the at-fault parties to fight among themselves to figure out who needs to pay what.
Your car is parked. Two people are in an accident and one of the cars is pushed into our vehicle. Both those parties say it's the other person's fault. Without J&S you have to prove which party is liable and by how much. Again, you have to prove this. With J&S you'd simply collect from one of the parties and then they can still fight it out among themselves.
Keep in mind that J&S laws differ from state to state. |
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tcope
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