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How Fault for a Philadelphia Car Accident is Determined

Sustaining injuries in a car collision can be devastating. That is why you want to be compensated for your injuries and suffering. However, compensation does not come easily because insurance providers will not settle your claims easily and quickly. They may dispute fault and insist that their policyholder is not responsible for your accident and injuries. This is the reason you need a Philadelphia car accident attorney to help you fight for the compensation you need.

In the state of Pennsylvania, determining fault involves various ramifications. Drivers in the state can choose to carry no-fault insurance or fault-based insurance. But technically, it is a no-fault state.

How Car Insurance Works in Pennsylvania

For drivers to legally drive a car in the state, they should buy and maintain the required car insurance coverage. They can carry no-fault insurance or liability coverage. Liability coverage covers all costs that include pain and suffering while no-fault insurance doesn’t cover this damage. If you sustained injuries in a Pennsylvania accident, your insurance should pay for your medical expenses up to a particular amount.

Drivers may carry more coverage that includes different options like uninsured or underinsured motorist coverage, rental coverage, towing coverage, or comprehensive coverage. But property damage is based on fault. Because of this, drivers should carry liability property damage coverage. Thus, the cost of repairing or replacing your car must be covered by the at-fault driver’s insurer.

Determining Fault in a Philadelphia Crash

Determining responsibility for a crash requires determining which motorist was negligent or careless. A driver is negligent when they acted in a way that endangered other road users. The negligent driver can be partially or fully at fault for the crash that occurred because of their negligence.

Fault for an accident is not always clear. Some situations can include actions by both motorists and can rely on other factors to determine fault. Also, drivers usually disagree about who to blame for causing an accident. This situation is further complicated when law enforcement, insurance providers, and courts vary in their determinations of who was responsible.

If both drivers are found to be negligent and have contributed to the crash, it is called comparative negligence. The negligence of both drivers is compared to determine the amount of fault attributed to each of them. The fault percentage assigned to every driver determines the amount of insurance payouts. But Pennsylvania adopts modified comparative negligence. Under this form, a driver has to be less than 51% responsible for the crash to recover compensation.

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