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Introduction to Automobile Accident Liability
The guidance provided here is solely for the purpose of facilitating communication with your defense or coverage attorney. Consultation with counsel is necessary prior to any final decisions.
Automobile accident liability claims investigation
Insurance claims that are based on liability for an automobile accident require an investigation into negligence. Determining the causes of an accident follows the detailed investigation. The goal of this analysis is to determine how much the negligence of any party contributed to the accident. This portion of fault then becomes the basis of the liabitlity claim. To determine the liabiity, the accident usually needs to be reconstructed, based on the evidence found in the investigation.
What is causation?
Liability to a third party rests not just on negligence but whether the negligence actually caused the injury-- at least to the extent claimed. One purpose of accident reconstruction is to determine the severity of the traumatic impact in order to confirm the likelihood of the claimed injury when the symptoms are primarily subjective. Also, the accident itself may have been caused not by the party whose negligence triggered the chain of events but by others, including whoever had the last clear chance to avoid the accident. Finally, there may have been a cause that superceded, and intervened between, the negligence of a party and the accident.
Finding fault.
Some jurisdictions have no-fault laws. This means that an automobile accident may not result in liability due to negligence. Unless a no-fault law applies, negligence is allocated among everyone in the accident. The degree of negligence contributing to the accident must be determined for each party. Two categories of negligence should be considered. There is usually negligence that triggered the accident. That is, a human error set in motion a chain of physical events that resulted in the accident. There may also be negligence in failing to avoid or prevent the accident, contributory negligence. Or there may have been a negligent failure to mitigate injuries or damages. Fault might also be assessed due to strict liability arising from a defective product or extra hazardous activities.
How is fault is decided.
An investigation of the accident uncovers physical evidence and the statements of witnesses in order to assess fault.
UM and UIM coverage.
If another party is at fault in an accident but cannot be identified or has no insurance, uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) stands in the place of the insurance of the other party. It would pay occupants of the insured vehicle as if it were the liability insurer for the other party.
Is the accident covered?
Questions of whether there is coverage often involve the status of the driver. If the driver was not a permissive user or was excluded under the policy, coverage may be affected. Such a driver would likely not be covered, but if the owner of the vehicle is not the driver there may be coverage for any separate liability the owner has. An example of separate liability of the owner would be that based on negligently entrusting the vehicle to a particular driver. Coverage issues might also be based on whether liability to a third party arises out of the use of the vehicle. As an example, a wrong might be done in a vehicle but does not involve the use of the vehicle.
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