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Predetermined Fault in a Car Collision...
In some types of car collisions there's what is called 'predetermined' fault. This means that the nature of the car collision suggests, without a doubt, that one driver caused the accident through negligence. If this is the case in your insurance claim, then your case will be much easier.
The two main situations with predetermined fault are rear end collisions and left turn collisions.
In both of these circumstances there's a driver who's definitely at fault and the insurance adjuster won’t even bother to argue. There's a ton of precedent due to these types of car accidents being so common. But when these types of accidents happen, a definite traffic rule has been broken.
In a rear end collision, the person at the rear is at fault. Period. There's almost no way for that driver to get out of it. In every state, and pretty much anywhere you drive in the world, the rules of driving say that you have to be a safe distance behind other motorists.
Regardless of any other factors leading up to it, in a rear end collision, the driver in the rear was unable to stop in time to avoid the accident. Therefore, they were driving too close.
They can argue that you slammed on your brakes too fast and that there was no reason for you to do so. But that really doesn’t matter. They should've been able to avoid you.
Now, don’t get too excited. While there is undebatable liability on the part of that driver, there are still ways they can reduce the compensation you receive. A common example is if your brake lights were broken. The other driver is still at fault, but your own negligence in having broken brake lights will likely lower the claim.
In a car collision involving a left turn, the driver turning left is the one who's negligent and the cause of the accident. A driver simply can’t turn left when the oncoming lane isn’t clear. That’s a strict rule that can’t be broken. The car damage sustained in these types of auto collisions makes it obvious that a left turn was being made. So your case is pretty much open and shut.
Again, there are a few exceptions that can reduce the claim in a left hand turn collision. If one driver was clearly speeding, then the driver turning left can argue they couldn’t fairly judge the time they had to turn.
Or perhaps the driver turning left saw something unexpected, causing them to stop mid-intersection. Because no driver is supposed to attempt a left turn until they are certain they can complete it, this argument rarely works.
A final note on the left turn car collision: if the car that was driving straight actually ran a red light, then the left turning vehicle may get off the hook. In this case, the person running the red light is likely the more negligent. Unfortunately, this is very difficult to prove without witnesses.
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