Who Pays For My Damages If No One Was At Fault?

When you get into a car accident, one of the things you might wonder immediately after is whether you or the other party was at fault. If you are confident that you and the other party were not at fault for the accident, you may be confused about who will pay for your damages now. However, before giving any statement to the police or insurance company, remember that it is not safe to assume things. 

Even if you believe the other party was not at fault for the accident, you should not admit so without speaking to an attorney first. Remember that almost all car accidents are avoidable, and only in rare cases do no parties have a fault. Through investigation, an attorney can determine the liable party. Click here to learn more about your legal options. 

When the other party is liable for your injuries 

It is important not to assume that neither party was at fault. While you may feel sympathy for the other party as well, you should not let them get away with injuring you without an investigation. An attorney can help you conduct an investigation and determine who the liable party is. 

If the other party is liable, you have the chance to recover your damages by filing a personal injury insurance claim. In case you and the other party share a fault, you will still be able to get some amount. However, if you decide not to file a claim, you lose the chance to recover even a single dollar. 

What if nobody was truly at fault for the accident?

Most car accidents occur due to someone’s fault and are avoidable. However, if you have been in an accident that proved to be no one’s fault, you can turn to your insurance to cover your damages. Personal injury protection or PIP is a type of insurance coverage where you pay for your own injuries and damages in the case of an accident that was no one’s fault. 

Depending on the type of coverage you choose, the policy may include the following: 

  • Medical expenses for up to three years after the accident.
  • 85% of your lost wages. 

Who determines whether anyone was at fault for the accident?

The first rule is never to assume that no one is at fault without conducting an investigation. However, who may likely be liable for the accident is determined at the accident scene itself when the police officers arrive and create an accident report. For further investigation, an attorney can help. If you end up filing a lawsuit, the judge decides who is at fault. 

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