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Home > Blog > WHO'S AT FAULT?

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FRIDAY, APRIL 24, 2015

WHO'S AT FAULT?

That’s the most common question that probably comes through my door. The purpose of insurance is to be there when some catastrophe occurs and the most common besides hail in the state of Oklahoma, is most likely car accidents. 


So how do you determine whose fault it is? Right after it happens is probably not the best time to try and figure that out. If you do happen to be involved in an accident, NEVER admit fault at the scene of the accident. There are professionals that can figure that out for us all. Regardless of if injury occurred, the police report plays a key role in helping insurers figure out what happened. Because the police's official version of what transpired is more reliable than the versions of those involved (which may conflict with one another and reflect personal opinions), insurers use the police report to get a clear idea of who was on the side of error In other words, this report can break the my-word-against-yours tie. On top of calling police to the accident scene, the evidence you gather can help your insurer calculate the degree of fault. Take photos and get info from other drivers and witnesses. This will help support your case and give your insurer the info they need. 

A majority of states join in a fault statute labeled Comparative fault. There are different statues within comparative fault and Oklahoma and 20 other states fall into something called the 51 percent Bar Rule-This just states that the damaged party cannot claim recovery if they are 51% or more at fault. Anything less than that, the damaged party can recover, BUT that recovery would be reduced by it’s degree of fault. 

If you do find yourself being involved in an at fault accident, don’t worry. Your rates will not instantaneously rise. The company may look at factors, including previous driving history and the circumstances that caused the accident, before deciding whether or not your rate will increase. If it does go up, the best way to bring it back down is to start a new chapter of accident-free driving

If you have questions regarding your insurance, Low Rate Insurance is always here to help. Call us for a quote at 817-635-0375.
Posted 10:30 AM

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