Car Accident
Jun 24, 2024

Auto accidents can leave lasting harm and damage to cars. When wrecks happen, questions about liability and fault often arise. A Philadelphia car accident lawyer can help.

Car damage from accident impact can serve as evidence of what happened during the collision. Analysis of the scene and your vehicle can help determine the points of impact and the cause of the accident, helping to make an at-fault car accident determination.

Why Determining Car Accident Fault Is Important

Collision liability can affect your insurance claim. Depending on your insurance policy, and the circumstances of your accident, a fault examination may be necessary. The cause of a collision may affect your settlement. 

Getting adequate compensation when you are not at-fault for an accident is important. Car accidents affect you emotionally and physically. A fault assessment and damage analysis can help to make a liability determination; this is important for your legal responsibility for the accident, making an insurance claim, and your financial recovery.

What Are No-Fault States?

Pennsylvania is considered to be a no-fault motor vehicle accident state. This means that each driver’s insurance is responsible for medical expenses and damages. Your recovery will depend on your insurance coverage. 

In Pennsylvania, it is mandatory that motorists maintain “no fault” and “at fault” insurance coverage. In an auto accident, the type of insurance you carry can significantly affect your compensation calculation.

In certain circumstances, drivers can still pursue legal action. Ultimately, this will depend on the severity of your injuries in an at-fault accident, and other factors as well. A car accident lawyer can help you understand your insurance policy and your legal options. 

When Damage Proves Fault

Often a forensics investigation can prove accident causation. Getting a collision investigation can be critical to proving fault. Accident forensics generally includes an accident reconstruction and causation analysis. 

Evidence collection, like photographs of vehicle damage and the accident scene, and an impact investigation may be part of this process. Witness testimony along with evidence examination can also help make an impact determination. 

When Damage Doesn’t Prove Fault

When a damage assessment does not prove fault, things can become more challenging. Your insurance company may look at other factors to determine who was responsible for the crash. For instance, your insurance adjuster may speak with witnesses and rely on witness statements and your testimony to determine what occurred.

Some common ways an insurance company adjuster may determine fault is with:

  • Collision testimony
  • Witness reports
  • Forensic reporting
  • Evidence reporting

Your adjuster should look at all the factors when making their fault determination. 

Fault reporting can be a major factor to your insurance claim. Therefore, accurate documentation and a thorough investigation is essential. An experienced attorney can provide a legal examination of your case, making sure your rights are protected. 

How to Preserve Evidence of Damage

A damage inspection can help to preserve evidence of collision damage. Impact evidence may be particularly crucial. Before your vehicle is fixed or disposed of, you should take videos or photographs of the damage. Having an evidence inspection of accident damage may also be necessary. 

Damage reporting is critical to your insurance claim. Getting an inspection of your vehicle after an accident and an impact assessment can help to secure adequate compensation.

Who Determines Fault for a Car Accident?

Insurance company adjusters usually determine accident responsibility. Adjusters may do a fault analysis and accident analysis to determine damage responsibility. 

It’s critical to protect your car accident rights. A Philadelphia car accident attorney can help you with a liability analysis and damage calculation so you get the compensation you deserve.

How Does Insurance Work When It’s Not Your Fault?

When an accident happens, reporting your injuries and damages is your responsibility. Depending on your insurance coverage you can receive a settlement for your vehicle damage and injuries. If you have full tort coverage, you may also be compensated for non-economic damages like pain and suffering.

Fighting the insurance company after a car accident is unfortunately not an uncommon occurrence. Your lawyer can help you negotiate with the insurance company and strategize in the event your car accident claim exceeds insurance limits.

Contact a Car Accident Lawyer Today

At The Law Offices of Greg Prosmushkin, P.C., we are ready to assist you. We can help you recover lost wages after a car accident and vehicle damages. Our knowledgeable car accident attorneys can help you understand your legal responsibilities and rights to compensation.

When a crash happens, you need an experienced and dedicated personal injury lawyer. Contact us today for your free consultation.