One of the first things insurance adjusters do after a car accident is determine each party’s role in the crash. They do this using various methods, such as examining evidence from the scene, analyzing police reports and interviewing witnesses. The percentage of fault assigned to you will affect your potential settlement for the damages you suffered.
You can recover compensation with a car accident claim even if you are partially responsible under Mississippi’s pure comparative negligence laws. It does not matter if you bore the majority of the fault. However, your compensation will be reduced by the percentage of fault. For example, if you are deemed to be 20% at fault and incur $10,000 in damages, your compensation will only cover 80% of your damages, which is $8,000.
What if you dispute the insurer’s findings?
Sometimes, the degree of fault assigned to you may be incorrect — unfairly affecting your recoverable compensation. This can happen due to an inaccurate assessment of events, incomplete investigation or bias in fault assignment. If that’s the case, you can dispute the determination of fault and request a reassessment.
You need compelling evidence to challenge an insurer’s decision. This may include photographs of the crash, witness statements, traffic camera footage and expert testimony. It’s also advisable to review the police report for any inconsistencies or errors that could have led to incorrect fault assessment.
Did you share responsibility for a crash?
You deserve a fair settlement for your harm and losses as a car accident victim, even if you were partially at fault. Seeking experienced legal guidance can help you protect your interests during negotiations with insurance companies, help achieve a favorable resolution and let you explore other legal options if necessary.