Fault for car accidents is rarely obvious. While there are certainly instances in which one party is clearly to blame over another, many collisions exist in more of a gray area. It is common for both drivers (if an accident only involves 2 people) to be partially at fault for a car accident.
For example, a car accident can result if a driver changes lanes without checking their mirrors or using their turn signal. While this driver is clearly in the wrong, the other driver may have been speeding and is partially at fault for the accident as well.
In these situations, how are claims and compensation handled? As a person who was injured in a car accident and feels that they share some of the blame, you are likely wondering how your fault will impact your case. It is possible that your compensation may be impacted if you contributed to the collision.
Car Accident Claims in New Hampshire
New Hampshire is an at-fault state. Therefore, people who are injured in car accidents generally must file a claim with the other driver’s auto insurance company in order to recover compensation for their damages. While you may be partially at fault for an accident, the other driver may be more at fault and may have directly caused the accident. In this case, you would still be able to file a claim with their insurance company. However, it is likely that their insurance company will attempt to use your partial fault against you. For this reason, it is best to have a skilled attorney on your side to represent you.
New Hampshire also gives drivers the option to file a claim with their own insurance company. This may be a better option for you if you were partially at fault for a car accident.
It’s possible that contributory negligence laws may apply to your case. Under contributory negligence laws, a person’s compensation can be reduced according to their level of fault for a collision. So, a person who is determined to be 10% at fault for a car accident could have their compensation reduced by that amount. This allows multiple parties to be found liable for a car accident and still receive compensation.
The lawyers of Douglas, Leonard & Garvey, P.C. are available to answer any questions you may have about your car accident case. We will assist you with filing a claim and will fight to get coverage for your medical bills and other expenses.
Complete our contact form or call (603) 288-1403 to schedule a free consultation with our attorneys.