Your Rights in an Auto Accident, Part Two: Damages and Injuries

As we discussed previously, the first and most important detail in the wake of an automobile accident is the determination of fault: Who caused the accident, whether by improperly operating their vehicle or by breaking local traffic laws. Everything else about a traffic accident radiates out from the determination of fault.

Whether or not you are found to be at fault in a traffic accident, you have rights when it comes to the payment of or receipt of settlements for injuries and damage to vehicles. It's important to understand what your rights are before you are involved in an accident.

Insurance

To legally operate an automobile, you must carry at least liability insurance which will pay damages in the case of an accident. If you are not at fault in an accident, however, liability insurance may not fully cover your medical or car repair costs.

It's important to know that your ability to sue or attempt to recover these costs from the at-fault driver may be determined by the local laws of the state in which the accident occurred. However, most states do allow you to pursue such damages.

It's also important to know that if your insurance covers you, your insurance company may require you to accept the legal services of an attorney hired by the insurance company on your behalf. Such a lawyer will not really be serving your interests, but rather the interests of the insurance company. However, you may have no choice. You should know your rights under the specific agreement you have with your insurer before you operate your vehicle.

Comparative and Contributory Negligence

You should also know that even if you are found to be partially at fault for an accident, you may still be able to pursue compensation for injuries or repairs in an accident. This is because many states recognize both comparative and contributory negligence in an auto accident, where fault is deemed to be shared and thus a proportional amount of responsibility can be assigned.

It is also possible to demand compensation for future medical costs that have not occurred, not simply the immediate medical costs of injuries sustained immediately after the accident. Careful documentation must be maintained, but any injuries that can be traced directly to an accident that is at least partially someone else's fault can be claimed.

While no one wins when involved in an automobile accident, in cases where a clear fault can be established, the other party has a right to be compensated for their health and financial losses.

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