Many times people face the car accident in Scarborough but it is not their fault. The question may arise that in such cases how to determine the liability to file the claim. A personal injury lawyer in Scarborough will advise you to file a report with the local police. This should be done without much delay.
But how fault is determined after an auto accident? This is not clear. Also, the method used to determine fault depends on what kind of claim is made.
Thus, to make you understand how the action determines the liability of the person involved, below are some points.
- If the activity of the passenger leads to the accident like striking the driver or taking a picture of the driver, in such cases, he/she will be held liable. Drivers in such cases may get distracted. It also means that the passenger is interfering with the safe operation of the car. However, it may happen that the driver did not put in efforts to stop the passenger from distracting. In such a case, both driver and passenger are held liable.
- Tort Claims- In this, the fault is determined using the proofs. It shows due to whose negligence the accident happened. If the person has not taken proper care or performed negligence as below:
- Driving vehicle in speed
- Not taking care of red light
- Due to distracted driving fail to lookout;
- Driving after the intake of drugs or alcohol;
- Forgot to use headlights during night driving
Role of insurance companies in determining the liability
Insurance companies try to gather information from parties involved along with the witnesses. The insurance companies now investigate the matter in depth. They check out who is liable for an accident. Later, after the facts are cleared, the person liable for the compensation is determined.
Degree of Liability
This is another issue that crops up. For example, if you are trying to take the lane towards the highway and another driver is trying to exit. In such a case, a wreck happens. Thus, it means both parties are partially liable for the crash. It is seen that insurers often go for sharing the claim. This is because they do not want to pay for the whole loss or damage on their own.
What happens in case liability is not clear?
In such situations, the cost is divided equally. But you need to consult a lawyer and check the laws. This mainly happens if there are no witnesses.
In case you want help to file the claim or knowing your rights after the accident, it is good to contact a Personal injury lawyer in Scarborough.They can help you go through the process so that you can take the appropriate decision.
