Can no one be at fault in an accident?
What happens if fault can't be proven in an accident? I was in an accident with another driver who ran a red light. They won't admit fault and there's no way to prove she ran the light. She's from California and I'm in Washington.
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Answered on Jun 21, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.
“Both California and Washington are states that have comparative negligence laws. This means that a percentage of fault will be determined by both of your insurance companies.
For example, this could mean the other driver is 95% at fault while you’re 5% at fault.
If fault can’t be determined between your insurance companies, you’ll likely be deemed 50% at fault.
If that’s the case, the other driver’s insurance usually will pay 50% of the damages to your vehicle. Your insurance would then cover the rest, if you have collision insurance.
If you don’t have collision insurance or are unhappy with the agreed settlement, you do have the option of filing a suit against the other driver. You’ll want to reach out to a lawyer that specializes in car accidents to find out what your options would be.”
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