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How do you know who is at fault in a car accident?

How do you know who is at fault in a car accident?

In a  car accident, it is not always easy to determine what was wrong with each driver. Between bad faith, ignorance of the rules of conduct, lack of clarity about one's own behavior, and absence of witnesses, clearly designating the person responsible for the accident can prove difficult. On the contrary, certain situations automatically incriminate one of the two drivers So how do you know who is at fault? Do you have to fill out a report and how? In the event of disagreement between the two drivers, what to do? How are you covered by your Car Insurance?

How to determine the wrongs of each in a car accident?

First of all, know that the Highway Code is the law to establish responsibilities in the event of an accident.
Your auto insurer always has the last word to designate the responsible party (s). Its judgment is made in the light of all the elements provided following
the accident

  • position and action of conductors
  • unforeseen events on the road
  • testimonials ...
In case of doubt or unclear circumstances, he mandates an expert whose role is to define the exact conditions of the hanging. Your insurer bases its decision on the allocation of responsibilities on strict criteria established by the IRSA (Direct Compensation Agreement of the Insured and Recourse between Automobile Insurance Companies) which is intended to facilitate the settlement of damages. equipment in the event of a traffic accident.

Some situations make it difficult to attribute the wrongs, others on the contrary alone designate the total responsibility of one of the drivers .

Concrete examples of the distribution of blame

The most common cases in which driver A is found to be 100% responsible for the accident are as follows:

  • Vehicle A hits a pedestrian
  • Vehicle A leaves a dirt road or parking lot exits a parking lot or property and hits vehicle B
  • The driver of vehicle A opens his door and vehicle B hits him
  • Vehicle A runs into vehicle B which is in front of it in the same lane
  • Vehicle B is parked and vehicle A hits it
  • Vehicle A enters a roundabout and collides with vehicle B (unless a specific ground marking or traffic sign has indicated a priority different from that commonly accepted)
  • Vehicle A rolls back and hits or is struck by vehicle B
  • Vehicle A does not stop at a red light, stop sign, or any other priority signal and collides or is struck by vehicle B
  • Vehicle A encroaches on a lane reserved for oncoming traffic and collides with vehicle B
  • In some situations, the harm may be attributable to a single driver or be shared by both:
  • When changing lanes
  • When overtaking
  • When a vehicle turns left or right
  • The IRSA convention then defines, depending on the circumstances of the accident, the percentage of responsibility of each driver.

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