Personal Injury Lawyer Toronto

Call For Your Free Case Evaluation 1-855-446-7765

What Are My Options if the Insurance Company Declares Both Drivers at Fault in an Accident?

One of the ways in which accident victims are denied their full rights towards financial compensation is when they accept the fault ruling of the insurance company as the final word. When an insurance company determines fault in an accident, it uses a standardized scale that points to one side or both sides depending on certain basic criteria. However, the insurance company does not always take things such as road conditions, weather conditions and the overall accident situation into account. For example, if you were forced to swerve from your lane due to the actions of a driver that immediately left the scene and that caused your accident, then you could be found at fault because you swerved. The fact that you swerved to avoid one accident which caused another is not factored in.

When the insurance company deems both parties to be at fault in an auto accident, then that will sometimes cause people to give up on making a claim. The insurance company’s fault model is only right a majority of the time. It may not apply in your case. If you feel that you have a claim in your accident case even though the insurance company has decided that both you and the other driver were at fault, then you can still sue the insurance company and the other driver to have the situation corrected.

A case that goes to court does not take the insurance company’s fault decision into account. Just because the insurance company decided that you were 50 percent at fault in the accident does not mean that the judge or jury will think the same. When you file a lawsuit against another driver or an insurance company, responsibility for the accident is up for grabs and the insurance company must prove to the court that you hold some level of responsibility. If the insurance company determined that you were 50 percent at fault but the court determines that you have no fault in the accident, then the final decision is that you have no fault.

In a lawsuit for a car accident, the insurance company does not need to prove that you were completely at fault for you to lose a percentage of your claim. If the courts rule that you were 25 percent at fault, then you would lose 25 percent of your settlement or judgment. The other risk is that the court could find you completely at fault and you would lose your entire claim. While this is rare, it does happen.

If you were in an auto accident and the insurance company decided both you and the other driver shared the blame, then you need to know that you do not necessarily have to accept that decision. If you feel you have no fault for the accident and you can prove it in a court of law, then you can sue the other driver or insurance company to change the at-fault decision and recover financial restitution. That is why it is always a good idea to hire a lawyer immediately after you have been in a serious car accident. The sooner the lawyer gets involved, the more that lawyer can do to help accurately build your case.

For assistance with a personal injury or insurance claim, please email David at dhimelfarb@himprolaw.com. To be contacted immediately call 1-855-446-7765 for a free case evaluation.

What Our Clients Say

I’d like to express my gratitude for you taking care of my car accident injury case. Your strong knowledge and experience solved this case smoothly. I don’t know what I would have done without your effort. Thank You, Best Wishes.

Lian Liu, Toronto, ON.