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How do insurers assign liability for a crash?

Drivers seldom accept responsibility if they cause car crashes. They are often hesitant to do this because they don’t want to receive a ticket for a traffic violation or accept financial responsibility for another driver’s injuries and car damage, including the increase in insurance rates that come with causing an accident.

It’s not uncommon for crash scene investigators to step in and investigate a collision in which liability isn’t clear. There are certain factors that they look for to determine responsibility for a crash.

Louisiana is an at-fault car accident state, which means that the person responsible for causing the crash has an obligation to pay for any property damage or injury claims that may arise from the incident. Insurance adjusters consider crash details and state law when attempting to determine liability in a crash.

How states view fault or negligence varies. Louisiana uses a comparative negligence standard, whereby insurance companies may assume that no one driver caused a crash.

An insurer may ultimately decide to hold one motorist responsible for causing at least a portion of the accident and assign responsibility for the remainder to another driver. If an insurer determines that you were 60% to blame for your crash, then you may only be able to recoup 40% of your crash-related expenses from the other driver’s insurance company.

You may end up having to recover some of your expenses from your own insurance company or the other driver’s, either partially or wholly, depending on the determination an insurer makes regarding liability.

Insurance companies work much like any other business. Their focus is often squarely on their bottom line. Adjusters will try to deny liability when they can.

You’re sure to have extensive medical bills if you suffered a severe injury in a crash. It can make a world of difference if you have an attorney advocating for you who has extensive experience dealing with insurance companies. A skilled Baton Rouge lawyer can challenge insurers to help you recover the compensation you deserve.

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