Comprehensive Car Accident Guide

Fault is arguably the most crucial component of any auto accident claim. In an at-fault accident, a car insurance company decides, based on an investigation of the accident and an examination of the accident report, that the claimant caused or at least contributed significantly to the accident. Typically, an insurance adjuster handles the assignation of fault.

The options for a claimant found at fault in an accident will vary according to state law. In some states, a driver cannot recover damages if he/she is even partially at fault for an accident. In most states, however, a driver may seek damages according to proportional comparative fault, or the percentage of the accident that the insurer decides was the claimant's fault. Read on for more detailed descriptions of at-fault accidents and how to proceed with related claims.

In a not-at-fault accident, an auto insurance company has determined that the claimant had minimal or no contribution to an accident. Insurers usually assign fault with a percentage, so a not-at-fault accident would mean a proportional comparative fault of 49 percent or less. This designation will vary according to state law.

When not at fault for an accident, a driver still typically pursues a claim through his/her own car insurance company. The car insurer will then recover losses for damages and/or injuries from the insurer of the at-fault party. In this section, several not-at-fault accident scenarios will be explored as well as guidelines on how to proceed with claims of this nature.

A large number of activities fall under the umbrella of "careless or improper operation" of a vehicle. For example, operating a motor vehicle under the influence of drugs or alcohol would fall into this category. Likewise, if you willfully misuse or abuse a vehicle, you may be found guilty of careless or improper operation. Finally, operating a vehicle in an intentionally careless or negligent manner, including failing to pay attention or to adjust the vehicle's speed to account for visibility, inclement weather, and road conditions also qualifies. The commission of any of these violations may leave you financially responsible for any damages that result.

Certain auto insurers have different claims procedures for comprehensive losses of less than $1,000, but not always. Many policyholders have deductibles of $1,000 or more, so a claim might not even be necessary if the damages fall under this threshold. Even if your deductible is $500 and your vehicle incurs $1,000 worth of damage, you might be better off paying for the damage out of pocket rather than having your rates rise after filing a claim. Read on for suggestions on what to do in various situations involving small comprehensive auto insurance claims.

For most policyholders, comprehensive damages of over $1,000 are worth filing a claim with their auto insurers. Comprehensive claims deal with damages resulting from any covered non-collision event, such as hail damage, vandalism, animal-related incidents, and so on. Just as with a collision claim, a comprehensive claim will require an insurance adjuster to evaluate the damage to your vehicle. The adjuster will then write you a check to cover the repairs after your deductible is subtracted. Read a few examples of comprehensive car insurance claims over $1,000 in the posts that follow.

The consequences of an accident resulting from defective or unsafe vehicle equipment vary significantly by state and by the type of faulty equipment involved. A large part of your responsibility for an accident caused by defective equipment is related to whether the equipment would result in a moving or non-moving violation. For instance, a faulty taillight would typically burden you with less financial responsibility for an accident than faulty brakes.

However, if you have been previously cited or warned for the defective equipment that caused the accident, your financial responsibility is likely to be substantial. Typically, warnings or citations for faulty or unsafe equipment come in the form of a "fix-it" ticket, which could lead to auto insurance repercussions if ignored. Find out specifics about defective equipment accidents in this section.

Remember that driving under a suspended license is a crime, so your chances of recovering damages from an accident without a valid license are slim. Whether you are entitled to collect damages for an accident while driving with a suspended license will depend entirely on whether you were at fault. If you were not at fault, you still have the right to pursue damages from the other party in spite of your license suspension.

On the other hand, if you were at fault, your auto insurer will most likely not pay out any claims resulting from the accident because you were committing a criminal act when the accident occurred. Most policies exclude such situations from coverage. Find out more about your claims rights when driving without a valid license.

Accidents that occur while a driver is under the influence of alcohol and drugs are usually covered by auto insurance companies, but the liability lawsuits that follow could be crippling. Furthermore, a DUI conviction often results in sky-high car insurance rates or, even worse, the cancellation of coverage. Insurers will periodically check your driving record for violations, and once a DUI or DWI is discovered, your policy may be canceled or non-renewed. Once that happens, you may not be able to find coverage, at least not affordable coverage, with another carrier. Here are a few scenarios involving accident claims related to DUI or DWIs for additional details.

The failure to report an accident is more of a legal issue than a car-insurance issue, and it can result in hefty fines and even jail time in some states. Although every state has different specifications, the law typically obligates a driver to report any accident involving property damage of $500 or more. If you're unsure of the amount of damage involved in an accident, err on the side of caution and call the police anyway. At the very least, you will have a police report to document the incident for claims purposes.

Policyholders sometimes fail to report a car accident to their insurer, only to try to file a claim after the fact. In most states, how long a driver has to file a claim for an accident is defined by the statute of limitations for property damage-one year, on average. Read more about the repercussions of failing to report an accident in this section.

Failing to yield can apply to a number of different situations, from pedestrians in the crosswalk to emergency vehicles with their sirens on. When you fail to yield, you fail to allow the pedestrian or other vehicle the right-of-way at a stop sign, crosswalk, yield sign, or related situation. If an accident results, you will receive a failure-to-yield ticket, which is a moving violation that will make you at least partially responsible for any damages that occur. Learn more about failure-to-yield auto insurance claims in the following posts.

Falsifying an accident report is considered insurance fraud, which is a felony in many states. The crime is punishable by massive fines and/or several years in prison. When you lie on an accident report, you take three huge risks. First, you put yourself in danger of prosecution for a fraudulent claim. Second, if the insurer finds out you falsified information, the claim will be denied. Finally, your carrier will likely choose to cancel your coverage after discovering fraudulent activity. Read the following posts about specific instances of false accident reports to learn why the risks far outweigh the potential gains.

Car insurance policies follow the vehicle as long as the insured gives the guest driver permission to operate the vehicle. Of course, in the event of theft, that is not the case, so the owner of the stolen vehicle is not responsible for any damages. The actual theft of the vehicle is covered by the comprehensive portion of an auto insurance policy. Comprehensive coverage will pay for any damages to the vehicle if it is recovered after being stolen or will pay for the replacement cost if the vehicle is not recovered. Learn more about motor vehicle theft claims in the following articles.

Fleeing from the police, also known as evading arrest with a motor vehicle, is a serious and very dangerous crime. In most states, evading arrest with a motor vehicle is classified as a felony, punishable by up to several years in jail and/or thousands of dollars of fines. A standard auto insurance policy will not provide coverage if the driver is engaged in unlawful or reckless behavior, which would usually include running from the police. In other words, an accident that occurs while evading arrest may be excluded from coverage in the stipulations of an auto policy. Read on to find out more details on how auto insurance treats arrest-evasion situations.

In almost every case, accidents that result from following too closely, also known as tailgating, are the fault of the driver who rear ends the other. Rear-end collisions are almost always preventable, provided drivers leaving adequate stopping distance and maintain a reasonable speed at all times. If you hit another vehicle from behind, you will most likely be found liable for all damages. Rear-end collisions can range in severity from minor fender-benders to serious personal injury claims due to whiplash and related injuries. Learn what to do when filing a claim after a rear-end collision here.

Accidents that occur while backing up or backing out of a parking space are among the most difficult for car insurance companies to sort out. Often, the driver who was backing up is found completely or at least mostly at fault, as he/she has the responsibility to yield. However, because these types of accidents usually involve no witnesses and no police reports, auto insurers are inclined to believe the stories of their policyholders. Insurance companies typically hash out the claim until reaching a mutually agreeable allocation of fault and then pay benefits accordingly. Read these different improper backing accident scenarios for more information.

Improper lane changing or passing can encompass a number of violations, such as switching lanes in a no-passing zone, changing lanes in an intersection, failing to signal, etc. If an accident occurs as a result of improper lane-changing or passing behavior, you could be found fully or partially responsible for the damages and injuries. At the very least, you will receive a ticket for the traffic violation. Read more about what happens when improper lane changing leads to car insurance claims in the following articles.

Improper turning is one of the leading causes of auto accidents. Illegal or dangerous turns can be especially lethal, as they often put a vehicle directly in the path of oncoming traffic. If you were cited for improper turning after an accident, you will most likely be found primarily responsible for the ensuing damages. Examples of improper turns include ignoring a "no right on red sign," failing to signal while turning, turning without yielding the right-of-way, or making a left turn at a red light when prohibited. For more specific cases of accidents and auto insurance claims related to improper turning, read the following articles.

Leaving the scene of an accident, also known as a hit and run, can result in punishments ranging from a traffic ticket to a felony charge, depending on the severity of the accident. Most state laws require drivers to stop their vehicles when safe after an accident, notify the proper authorities, and exchange insurance and identification information with the other involved parties. When you are a victim of a hit-and-run accident, you may have protection if you carry uninsured/underinsured motorist coverage, but this will vary by carrier. Read the following articles to understand how leaving the scene of an accident affects auto insurance claims.

In this section, you will see articles discussing the impact of minor driver's license or credentials violations on auto insurance claims. Minor license-related infractions include violations such as failing to carry your license or failing to update your address after moving. Minor license violations typically should not affect the progress of legitimacy of your claim, but certain infractions may jeopardize your right to a claims payout. Read on for several detailed examples of how license violations relate to car insurance claims.

Serious license violations, or moving violations, can range from criminal misdemeanors to felonies depending on the nature of the infraction. Any infraction, however small, can result in the revocation of a driver's license if the driver accumulates enough violations in a certain period of time. Typically, states use a system that assigns points to every moving violation and then revokes or suspends a license once it reaches a certain threshold of points.

Egregious license violations can result in the denial of car insurance claims and/or the cancellation of coverage. Examples of serious moving violations include driving under the influence, multiple instances of driving on a suspended or revoked license, and reckless driving. Find out more about the most severe license violations in these articles.

With a few exceptions, minor moving violations will usually affect your car insurance rates. Insurers check their policyholders' driving records periodically, and if the moving violation shows up on your record, you rates will rise. Of course, some insurers will forgive minor moving violations if the policyholder has an otherwise spotless driving record and/or agrees to attend traffic school. The list of possible minor moving violations is a long one, but a few examples include speeding, running a red light, failure to wear a seatbelt, failure to signal, failure to yield, and, in some states, using a telecommunication device while driving. For additional details on minor moving violations, see the articles below.

Currently, only one state-Mississippi-permits drivers to drink alcohol while operating a motor vehicle, as long as the driver's blood-alcohol level stays below the legal limit. Only eight states permit passengers to drink alcohol while a vehicle is in motion. The vast majority of states, however, prohibit consumption of alcohol and the possession of an open alcohol container in any portion of the passenger area of a vehicle, including unlocked glove compartments. The penalty for an open container violation can range from a small fine to hundreds of dollars and several months in prison depending on the state. The following articles will explain several open-container scenarios in more detail.

Passing a school bus while children are entering or exiting is a fairly serious traffic violation in most states, punishable by fines, jail time, and/or community service. Unlike many other infractions, passing a school bus is a charge that is rarely forgiven or diminished in traffic court. In states that use driver's-license points systems, illegally passing a school bus usually carries a fairly steep penalty. The infraction is a moving violation, so when your auto insurer reviews your driving record, your rates may rise. Read on to learn when you can and cannot legally pass a school bus and what will happen if you violate this traffic rule.

Illegal street racing is a deadly and reckless activity with stiff consequences. Assuming no drivers, passengers, or bystanders were hurt during the race, illegal racing typically carries minimal mandatory jail time, vehicle impoundment, and towing costs. Of course, such a serious violation will appear on your driving record and may affect your insurance coverage.

In some states, those who aid or abet a street race can also face up to several months in jail. As harsh as these penalties may seem, they pale in comparison to the repercussions an illegal street racer would face if someone were hurt or killed in the act. In that case, the charge may be elevated to reckless driving or manslaughter. Review the following street-racing scenarios to learn more.

Reckless driving is regarded as a major moving violation in the United States and is considered more severe than improper or careless driving. In contrast to careless driving, reckless driving typically involves a deliberate, conscious decision to operate a vehicle in a manner that endangers others and/or demonstrates blatant disregard for traffic laws. Large fines, imprisonment, and license revocation or suspension are common penalties for those convicted of reckless driving. Because the offense is so serious, a reckless driving conviction may result in the nonrenewal or cancellation of your auto insurance coverage. The following articles discuss several scenarios involving reckless driving in more detail.

A police officer may ask you to take a field sobriety test if he/she suspects you may be under the influence of alcohol or drugs during a traffic stop. By law, you have the right to refuse to submit to the test, but that does not mean you will evade the consequences by doing so. In fact, certain state statutes deem a driver's refusal to test as admissible evidence in court that he/she was indeed guilty of driving under the influence. In other states, a refusal to test automatically results in a driver's license revocation and requires the filing of an SR-22 with your auto insurer, in which case your rates would skyrocket. Find out if it's better to test or not to test in the posts below.

Each state defines a traffic safety violation in a different manner. The term may refer to minor infractions, such as failing to wear a seatbelt or use an approved child safety seat, or to more serious violations, such as running red lights. Typically, though, safety violations involve minor infractions that may compromise your or other drivers' safety, such as a burned-out turn signal. Review the following safety violation scenarios to familiarize yourself with possible infractions.

Speeding is the most common traffic violation, and the consequences depend on state law as well as the magnitude of the violation. Driving just a few miles per hour over the speed limit usually will only result in a small fine and a mark on your driving record that you may be able to erase by attending traffic school. Driving significantly above the speed limit, however, could result in the immediate confiscation of your driver's license and the impounding of your vehicle. Where you speed also matters-for example, speeding penalties are stiffer in construction and school zones than standard roads. See the following articles for several descriptions of possible speeding violations and their consequences.

The failure to obey a traffic sign or device is a relatively moderate offense in most states. Traffic devices and signs include stop signs, stoplights, yield signs, and so on. Disregarding a traffic device or sign may constitute a minor offense, such as making a U-turn where prohibited, or a more serious one, such as running a red light. The consequences of disregarding a traffic device or sign become more severe if damage or injuries were caused as a result. Find additional information on this violation in the following posts.

Using a vehicle without the owner's express consent is, of course, different from auto theft but can still cause legal problems and car insurance complications if an accident occurs. With most insurance policies, if a driver has the owner's permission to drive the vehicle, the insurance policy will apply should a collision occur. However, if the driver did not have the consent of the owner, the policy will not apply, and the driver would then be responsible for any damages and/or injuries. Some situations fall in a gray area between implied and express consent, such as when a teenager borrows a parent's car. These kinds of situations are explained in more detail in the articles below.

Also known as vehicular manslaughter, vehicular homicide is an extremely serious offense where a driver causes one or more deaths from the negligent operation of a motor vehicle. In states with vehicular homicide statutes, a defendant can be charged with murder in some cases. To be guilty of vehicular manslaughter, the driver cannot have had the intent to kill or premeditated the act in any way. Vehicular manslaughter convictions often come with lengthy mandatory minimum sentences, massive fines, the loss of driving privileges, and, usually, civil liability action. Read the following scenarios to understand what constitutes vehicular manslaughter and what happens to the accused when it occurs.

Driving in the incorrect direction on a one-way street is a traffic violation for which you may receive a ticket. In most cases, however, drivers simply overlook the one-way-street sign or the sign was not displayed prominently enough. Police officers who see drivers heading the wrong way on a one-way street may honk, flash their lights, or pull a driver over for a warning. A ticket is a possibility, but these kinds of violations are infrequent. The fines for driving the wrong direction on a one-way street are usually small, as are the number of points assigned to your driver's license in states where such a system is in place. Review the following one-way-street sign violation scenarios for more information.