Car accidents happen all the time in Chicago. When a single driver is clearly at fault for the incident, it’s relatively easy to reach a fair insurance settlement for the damage done to yourself and your car. But if fault is shared between two or more drivers, it can be more difficult to recover the compensation you deserve. But more difficult does not mean impossible. Here’s what your Chicago car accident attorney wants you to know.
It Depends on the Amount of Fault You Share
In most car accident settlements, the amount of compensation you receive will be based on the amount of fault you share in the accident. For example, if you’re not at fault for the accident in any way, you’ll receive the full amount of damages awarded by the court. But if you’re partially at fault, you’ll only receive a portion of the full amount of damages.
For example, say you’re found to be 30% at fault for the accident. If the total settlement amount determined by the court is $10,000, you’d receive 70% of the damages.
You’ll Want to Gather as Much Evidence as Possible
The court determines your fault rating for the car accident. The best way to increase your chances of being eligible to receive compensation is to collect as much evidence as possible. If you called the police after the accident, request a copy of the police report. Write down everything you can remember from the accident and compile any pictures or video you took at the scene. Your Chicago car accident attorney can use this evidence to help encourage the court to assign you less fault and to award you a higher percentage of the damages.
If Your Fault Is Too High, You May Not Be Eligible for Compensation
Keep in mind that you’re only able to collect damages if you’re found to be less than 51% at fault for the accident. If you bear the majority of the fault for the accident, you’ll have to pay damages to the other driver or drivers involved. Even if those drivers share fault, you won’t be able to sue for damages if you’re found to be 51% responsible or more.
Ultimately, the court determines how much fault you have for the accident. If you’re not happy with the initial findings, you and your attorney may be able to appeal the decision. Speak with your attorney if you’re concerned. They’ll help you decide if pushing for a lower fault rating is in your best interest.
Work With an Experienced Lawyer
Since damages are awarded based on how much fault you had in the accident, the lower you can get your fault rating, the better. That’s why it’s so important to work with an experienced Chicago car accident attorney. They’ll be able to represent your case and help you show the court that you deserve more compensation.
If you’ve been involved in an accident and know you’re partially at fault, don’t try to manage the situation on your own. Schedule a free consultation with the team at Anesi Ozmon today.