Auto Accidents Comparative Fault – Is a Lawyer Needed?

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Even in a perfect world, car accidents do happen. Even if they don’t result in loss of life or injury, there are still other consequences. There’s still the matter of getting car fixed, for example, and the time you have to spend getting it fixed, all of which can affect your income.

Knowledge is power, so let me give you advice on how to best manage when involved in an auto accident. After the incident, compensation is always an important concern for the parties involved. Whether it’s repair costs, hospital bills, or any other form of compensation, that’s always an issue in every situation. Insurance companies are usually willing to cover for these costs, but in order to find the appropriate amount entitled to the insured, fault has to be established.

In assigning fault, the question is about the degree of responsibility. The insurance paid out depends on how much at fault each of the two (or more) parties involved are. The insurance companies will send out claims adjusters, who study the situation, and based on their findings, fault to the parties, with a percent value known as “comparative fault.” Some states calculate insurance coverage by “pure comparative fault.” With pure comparative fault, your degree of responsibility is deducted from your claim. If you are found to be 20 percent responsible for the accident, then twenty percent is also deducted from your claim.

Here in San Antonio, we have “proportional comparative fault-” meaning, you get your full claim from insurance provided you aren’t responsible for a certain percent of the accident. The state of Texas sets the bar at 51 percent- you get the full amount from your insurance company, provided you were found to be 51 percent or less responsible. If not, your insurance company will not consider you entitled to compensation.

So to make sure you get as much as possible from your insurance claim, you should think about hiring San Antonio auto accident lawyers. A skilled auto accident attorney can help you in assessing the situation, and can speak on your behalf to the insurance claims adjuster. San Antonio auto accident lawyers have knowledge of the local laws and insurance policies, and can not only assist in negotiations with a claims adjuster, but also give you advice in court if it comes to that.

How else can an auto accident lawyer help you? Besides being your representative in court and negotiations with the insurance company, San Antonio auto accident lawyers can also use their experience to assist your efforts.. An auto accident attorney in San Antonio can gather favorable evidence such as police reports, or medical evidence, or interview potential witnesses whose testimony may help you in a court of law. They can assess your legal situation, draft letters, and can look out for your interests if there are any disputes.

Do you need a lawyer after every accident? A lawyer is really required only in certain situations. If, for example, there has been a death or injury, then having an attorney will be important. If there’s some kind of problem involving a dispute, of if you feel you are being treated unfairly by your insurance company, you’ll probably need professional advice. Having San Antonio lawyers that specialize in auto accidents with you is to your advantage, and they can certainly ease the burden while you go through a difficult period after an accident.

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Source by Tom S Powers

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