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Each state and local government has different laws and regulation regarding fault during a car accident. Familiarizing yourself now with these laws and what must be proven can help guarantee you compensation for your personal injury. But how does the law determine which party is at fault? 

Establishing the other party’s fault is a lot of work. Auto insurance companies work to investigate who is responsible for the accident so that the person can pay for any losses. 

Sometimes, fault is not only attributed to the one who directly caused the accident. There can be indirect ways of causing an accident. And, sometimes the person injured is the one who caused the accident.

So, here are some ways fault is assigned in car accidents:

  • Police Report. 

The police report is one of the most crucial pieces of information used when determining fault. After gathering information at the scene, they will investigate the evidence and speak both drivers and any witnesses that were present. Your choices from this point on are based on whether the evidence shows your level of fault, none, partial, or complete. 

  • Evidence from the Scene.

The scene itself will reveal evidence that injured parties may need to prove their cases. Skid marks, road conditions, damaged cars, and photographic evidence of injuries can bolster your case. Sometimes the injury itself will not be enough to prove fault, and you will need more concrete evidence such as collision pictures.

  • Insurance Companies. 

Your insurance company has policies on which claims they accept and which claims they deny. If the other party was at fault, your car insurance will request a payout from the other driver’s car insurance company.

No-fault PIP Insurance in KY

In no-fault states such as Kentucky, drivers can tap into Personal Injury Protection (PIP) to pay for their own injuries or the injuries of the other party.  

Your legal actions will depend greatly on local regulations governing auto accidents in your home state. This is why you will want to turn to an experienced legal professional who knows the ins and outs of Kentuckiana personal injury law. Call Kaiman and Crahan at 502-771-0741.

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