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South Jersey Slip, Fall & Dog Bite Lawyer > Blog > Car Accident > Filing a Claim with Liberty Mutual: How is Fault Determined?

Filing a Claim with Liberty Mutual: How is Fault Determined?

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Fault is important when filing a claim for compensation with an insurance provider. Each state has its own rules regarding how fault affects a claimant’s ability to recover the money needed to pay for their damages. New Jersey’s comparative negligence system says that only plaintiffs who are not more than 50% at fault have the right and are able to recover compensation. The amount of damages that can be recovered for eligible plaintiffs will be reduced by the percentage of fault, 50% or under, the plaintiff is deemed to have.

For example, let’s say your damages are worth $100,000. You are calculated to be 20% responsible for causing your accident. Therefore, you will be able to recover compensation since your liability is not over 50%. As a result, your damages will be reduced by 20%, and you will be able to obtain $80,000.

Since fault is so critical to obtaining compensation from a claim, understanding how an insurance company would determine fault is important. Your compensation will come down to how much fault you have and your ability to understand the value of your claim. To ensure you know what your claim is worth and how to limit any liability assessed against you, you can work with an attorney.

For help with a Liberty Mutual claim, please call the South Jersey auto accident lawyer at Monaco Law PC.

How Liberty Mutual Assigns Fault 

Having robust evidence and information after an accident is essential. So, take many pictures of the accident and the accident scene from different angles, look for possible video footage sources that may have captured your accident, talk to witnesses and see if they will provide you with their contact information, and do not delay in seeing a doctor and make sure to keep all medical records and notes.

Liberty Mutual will determine liability based on the following:

  • Evidence like pictures and videos
  • Witness statements
  • Police Reports
  • They may use accident reconstruction experts.
  • They will also scan your social media accounts.
  • They will scrutinize what you said after your accident. For example, it is never a good idea to admit fault because this can impact the amount of liability you are assessed. Do not say I am sorry, do not say you caused the accident, and do not indicate in any manner that your actions had anything to do with the accident happening.

Having the least amount of liability can help you be successful with your claim and garner the most money from it. Remember, even if you are somewhat responsible for causing your accident, that doesn’t mean that you deserve a settlement that isn’t sufficient for your damages or does not include all of the losses you sustained and those you are likely to suffer in the future. Be wary of the first offer made by an insurance agent, as these are often lowball offers and rarely account for the true value of your claim.

 Speak to a New Jersey and Pennsylvania Personal Injury Attorney Today

If you would like to speak to an attorney about filing an injury claim in New Jersey, call our South Jersey personal injury lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our Pennsylvania office to discuss your case today.

We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of South Jersey.

Source:

nj.gov/dobi/ins_ombudsman/ombuds_acnsfaq.html

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