The first and probably the biggest car accident liability question is: who’s responsible? Establishing who caused the accident helps determine who will be held legally liable to pay for the injuries and damages. In some cases, establishing liability is very easy. Someone ran a red light, they were over speeding, they were texting while driving, etc. In other cases, establishing liability is not so easy. So we came up with a list of the most asked car accident liability questions in New Bedford.
Should You File a Lawsuit or Insurance Claim After an Accident?
If you can prove the other driver was responsible for the accident, you can be compensated with a damages award after a lawsuit or you can be compensated through insurance claims. However, this doesn’t guarantee that the process will be easy or you will be compensated.
In most cases, we usually advice our clients to first seek compensation through their insurance company. If the insurance company denies their claims, they can proceed to file a lawsuit. We also advise them to file a lawsuit if their injuries are severe and they will need compensation for a very long time. Consider talking to a New Bedford car accident lawyer about what you should do.
Who’s Liable for a Car Accident During a Test Drive?
A trip round the block with your new car doesn’t go as planned and you are wondering who is going to be held liable for an accident that happened during a test drive. Most dealerships have an insurance policy that covers all the cars in the lot even those that aren’t in the lot and they get into an accident.
It’s not common to hear that someone got into an accident during a test drive. And when it happens, the dealership will cover the repair costs through its own insurance even if the accident was your fault.
But you should expect the dealership to hold you responsible for the accident if it was your fault. If they refuse to cover damages then the case would be treated like a standard car accident case. If your car was the one in the test drive accident, you can submit the claim to your insurance company then try to recover from the driver who was test driving it.
Can Student Drivers Be Held Accountable for an Accident?
It’s easy to sympathize with student drivers because everyone with a driver’s license started out as a novice. However, does this mean that they should not be held liable for accidents?
Most private driving schools have insurance policies that cover all the drivers and cars involved in the course. It’s very rare for accidents to happen during driver’s ed sessions but if an accident happens and it’s the student’s fault, the school will use its own insurance to cover the cost of repairs.
However, if the driving school tries to hold you accountable for the accident, you can use your own insurance cover to pay for the damages or you can prove the accident wasn’t your fault.
If, on the other hand, you have been a victim of a wayward student driver, your claim will be treated like any other car accident. You can try to recover damages from the driving school, the instructor or the student driver. You should consult with a New Bedford car accident attorney to find out how to file a claim.
Who Will Be Liable in an Uber Accident?
If you are injured while driving an Uber or as a passenger in an Uber, who will be held responsible? If you are a passenger, your injuries will be covered by the company’s insurance. Many states including Massachusetts require ride-sharing companies to carry a certain amount of commercial liability insurance to cover injuries and accidents.
If you are hit by an Uber driver while walking or driving, determining liability will be just like any other car accident. You should consider hiring a New Bedford car accident lawyer if you are having trouble getting reimbursed through insurance companies or if you plan to file a lawsuit.
Get Your Claim Reviewed for Free by a New Bedford Car Accident Lawyer
Determining car accident liability is not always easy. Sometimes in car accidents, more than one person can be found guilty of causing the accident. At Kevin P Landry Law Offices, our New Bedford car accident lawyers can review your case for free. Call us at 508-999-0800 or visit us at our New Bedford offices today for your free initial consultation.