Differentiating between fault, non-fault, and comparative fault car accidents

Whether your insurance coverage is governed by a no-fault or an at-fault system can have a direct and considerable impact on how your claim is handled and the amount of compensation you may receive following a car accident.

Insurers try to determine who was at fault if you have been injured in a car accident. This can impact the amount of the insurance claim payout, however, proving blame is often difficult. We’ll go through how your circumstance affects how your insurer assesses the accident and a party’s innocence after a car crash.

Car Insurance

While the details differ from state to state, one rule remains constant- having automobile insurance is a must while on the road. In other words, when you are involved in a car crash, the insurance plan assists in the repairs and any personal injuries you may have incurred as a result of the collision.

Fault vs. Non-Fault   Vs Comparative Fault

Car accidents are prone to happen and in some instances it’s usually hard to determine who is at fault. There are three categories of car insurance namely fault, Non fault and comparative fault. Each particular one will to a great extent impact how victims receive compensation.

  • Fault vs. Non-Fault Vs. Comparative Fault

Car accidents are prone to happen, and at times it’s usually hard to determine who is at fault and who’s not. There are three categories of car insurance, namely fault, Non-fault, and comparative fault. Each particular one will to a great extent, impact how victims receive compensation.

  • At Fault Car Insurance

At Fault Car insurance basically holds the party liable for the car crash if it’s out of negligence. In the end, those found guilty end up paying for injuries inflicted and car damage costs.

  • Non-Fault Car Insurance

Non-Fault Car insurance is whereby an insurance company will compensate you if you’re not responsible for the accident. However, if the other party can prove that you slightly played a role in causing the accident, you automatically get disqualified for full compensation.

  • Comparative Fault

Comparative fault is a scenario where a car insurance company compensates you based on your accident involvement percentage.

How to conduct yourself after an accident

After a car crash, immediately call the police to file an official report of the scene. It’s worth mentioning that an officer’s report usually outweighs bystander testimony. It’s always advisable to never admit fault or make assumptions at the accident scene; just cooperate with the office and exchanging information with the other party.

Seeking Compensation

If you are not at fault in a car accident, you have a few options of getting compensated for the damages or injuries you may have sustained. You can file for compensation with your car insurance company, which will subsequently seek reimbursement from the at-fault driver’s insurance company.

Alternatively, you have the option of filing a personal injury claim against the at-fault driver. Lastly, you can also file a third-party vehicle insurance claim with the driver’s insurance company at fault.


After being involved in a car accident, calling the police, who then files an official report, is always recommended. Also, be conversant with the negligence policy and traffic rules in your state. Each state has its fault-assignment system; however, understanding how it works can help you prove your innocence and, in the end, earn a fair insurance settlement.


What Will Happen if Your Car Accident Case Goes to Trial?

In general, personal injury claims, which includes car accidents, rarely end up going to trial. Usually, they are settled beforehand as there is clear evidence of fault and a fair agreement is reached. If you’re worried about your car accident case going to trial, it most probably will not. However, there are a few circumstances where it may be necessary. Here is an overview of the scenarios that could result in trial and some information to introduce you to the process with ease.

When to Pursue a Trial

Car accident cases go to trial when an agreement cannot be made and both parties want to pursue the case. This could happen if the settlement is believed to be unfair or the parties cannot come to a decision as to whose fault the accident was. When an insurance company is involved, unfair pay-outs could lead to court if the value being offered is considerably less than how much the vehicle is worth. If the other party refuses to accept any blame for the accident and you believe this to be wrong, the case could end up going to trial. Discuss your case with an experienced attorney for car accidents as they can provide you with personalized suggestions as to what is the best course of action and give you guidance throughout the process.

The Process

There are five steps in the process of a trial. Firstly, the complaint is filed and sent to the defendant, who then responds back to this initial complaint. This is followed by a discovery period, where evidence for the trial is collected and analyzed by the attorneys. It is crucial that all evidence is presented at this stage so both parties can look at it, as anything new presented in court will be disregarded. The trial then takes place, the evidence is presented, and the jury come to a decision. If either party disagree with the outcome of the trial, an appeal can be made.

During the Trial

There are several significant people present at the trial. This includes you, the plaintiff, and your attorney; the defendant and the defending council, if they have decided to hire an attorney; the judge, who leads the trial; and the jury, who come to a final decision based on the evidence presented in court. First, opening statements are provided by each party. All evidence for your case is then presented by your attorney. This could include witness statements, medical evidence, and police reports. The defending council will then cross-examine this evidence and present their side. Closing statements are then given by each party to summarize their arguments. Using all this information, the jury will decide which party was at fault for the accident and how much compensation is to be awarded for the damages. This deliberation stage can take anywhere from a few hours to a few days. Once a decision has been reached, the judge presents the outcome to the court.

Trials can be expensive and time consuming, which is why they are usually avoided in cases of car accidents. If your attorney advises you that it is necessary, you now have the knowledge to begin the process with confidence.

What is The Wildcard Exemption in Florida?

Lost property can be one of the worst aspects of a chapter 7 bankruptcy. If you have a lot of unsecured debt that you’d like to wipe out but you would not like to give up your property in exchange, it’s important to consider some of the exemptions that are available to you under Chapter 7 bankruptcy. In the state of Florida, we have what’s called a wild-card exemption.

Wild-card Exemption Explained

Florida has created a list of assets that trustees will not be able to seize in any type of chapter 7 bankruptcy proceeding. You can exempt up to $1000 value in your family vehicle for example. Wild-card exemptions are different from the typical asset exemptions that are included in Chapter 7 bankruptcy law throughout the state. Wild-card exemption can be used to protect more than the value of certain aspects of the property. If you have a newer vehicle that’s worth more than $1000, you could use your wild-card to exempt that extra value for example.

Wild-card Exemption Caps

A wild-card exemption is limited to $4000 if you do not claim any homestead exemption. Many people have more than $4000 inequities throughout their home and a homestead exemption can be an excellent way to keep hold of more assets if you own property in Florida. If you don’t own real estate that you can exempt, having a bit of extra in wildcard assets can put you in a better position financially after your chapter 7 bankruptcy.

Proper Evaluation Advice is Important

When you are considering the option of filing for Chapter 7 bankruptcy, make sure that you’re getting a proper evaluation of all of your assets and consider speaking to a bankruptcy attorney to determine the best way that you could protect your assets moving forward.

Contact us if you have further questions about wildcard exemptions in the state of Florida

This post was written by Trey Wright, one of the best local bankruptcy attorneys in Tallahassee, Florida. Trey is one of the founding partners of Bruner Wright, P.A. Attorneys at Law, which specializes in areas related to bankruptcy law, estate planning, and business litigation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.


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Protect Young Drivers From Distracted Driving

There are many teens that experience the thrill of getting their license and then going out on their own to drive, run errands, get to work, and travel. Even though teens swear they will be careful behind the wheel, they often feel invincible, and they are the most likely to engage in distracted driving.

Distracted driving can be a huge concern for teens. It is the leading cause of car accidents in teenage drivers, and many teens confess that they were using their phones as they were driving. There are some hands-free apps, but there are many situations where even hands-free applications can lead to distractions. Here are some of the best ways to reduce distractions in the car and keep teens safe!

Limiting The Number of People In A Vehicle

There are many states where the number of people that a teen can drive in a vehicle will be limited. A person under 19 in the state of Missouri can only have one other person in the vehicle under 19 that is not a family member. These rules can prevent distracted driving in cars.

Use A Phone Just For Emergency

A phone needs to be there for emergencies while you are driving. When your teen is focused on the road and practicing good driving habits, driving becomes much safer. Keep the phone away in a glove compartment and stay safe!

Don’t Drive Intoxicated

Warn your kids about the dangers of being intoxicated. Enforcing safe driving habits and making sure your kids stay away from intoxicated driving is important.

If your teen follows these tips regularly, they’ll grow into a much safer driver as they age.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an St Petersburg Personal Injury Attorney She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.


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In cases where there is no agreement between the parties to a property dispute, as a result of which the process reaches the court, all the circumstances are established in an official manner – shares are established, evidence is examined, and a decision is made legally. Property law has particularly difficult sides, and among such disputes are litigation around movable property, which, unlike real estate, can easily be hidden from judicial investigation. However, in such cases, the services of a lawyer in property disputes can resolve the issues that have arisen positively for the client.

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Importance of Trademark Attorney for your Business

Getting the good services of personal lawyers is a must for those running today’s big businesses. When you have to sue or when you are to be sued, the unknowing of law is a lame excuse. And incase your business is witnessing a growth, small or big, you will be better served if you hire the services of an attorney.

In modern times what can be the most significant asset that can be your business aide? The answer to this is quite simple. It happens to be the trademark, the trademark is the identity of your business that makes you stand apart from the others in the market field. So it is vital that you spend well of hiring the services of an attorney who happens to be a good attorney in his trade or else a less than good attorney can undo all the good that you have done to create a position in the market for your goods.

In case you have started on your business but do not have a trademark registered then you should start the procedure at once without delay and the filling can be done online too. Once that is done you can start using the suffix of either TM or SM which is a good indication to other businesses that this will be the mark which will tell between your business or product upon receiving approval.

An attorney is needed from the outset. An attorney can be helpful in directing you to what business entity best suits your idea and then provide you guidance in starting it. Licenses & permits which are a legal requirement shall be taken care off by your attorney, thus this gives you the confidence of a business that is completely legal. If you are from Denver, you can get more details about trademark lawyer Denver and hire their services to help you in trademark law matters.

If you happen to like a particular trademark logo or symbol you can only have it if you are the 1st to apply for that mark. Just imagine such a scenario wherein you have start a business from scratch and have worked your way up the ladder but during all that time you haven’t registered a trademark. And then suddenly a company comes in with a similar product or service like yours’ and gets a special registration for the same. You will be left with no option but to change your trademark because the same is not registered thus there is no proof that the signage is yours and you will also have to forfeit your goodwill.

The process is time consuming but has it rewards too and incase you have a first-rate trademark attorney then you just have to seize business opportunities while he gets the job done for you.

So it is vital that you spend well of hiring the services of an attorney who happens to be a good attorney in his job. Hiring a personal trademark attorney shall be beneficial while the office is over seeing your application. The attorney is a person that you can trust and he too has good knowledge of the USPTO requirements and the grounds on which they consider or reject an application, so he will sit with you while you are making a decision on mark for a trademark. Not only that he can provide you with right advice on such subject pertaining to services & filing of a trademark.

He will sit with you while you are making a decision on mark for a trademark and that can make a huge difference. The first suggestion he is likely to make in that direction is to get hold of a trademark report. This can be done through the internet searching of the USPTO website where you will have access to the current report of trademarks that are already there.

You should be completely careful when you happen to decide your trademark attorney. Not any Tom, Dick, Harry should be the one you select to represent you in front of the government. As an incapable person shall ruin your till date efforts and might get you on the wrong side of legal affairs. Apart from having knowledge and experience what you would like him/her to be is attentive to details, registered or licensed, and is a thorough professional. If you can get hold of one as mentioned above then you have a winner on your hand that shall not let you down.

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Tips to Take Into Consideration When Employing an Injury Legal Representative

Have you ever before experienced any type of personal injury scenario? Since of these circumstances, you require your very own relied on personal injury legal representative that can aid you in obtaining your end of any kind of insurance policy cash and make certain that you might be made up in methods that are lawfully feasible. A vital element that you need to remember is that the legal representative that you are preparing to employ is entirely focused on injury insurance claims instances and has a great performance history in doing so.

Since by doing this; a seasoned and trustworthy personal injury attorney can examine the degree of problems that arose from the injury and vis-à-vis compute the appropriate settlement on your end. One more point that requires to be taken into consideration is the lawyer’s series of expertise and as much as day knowledge in assisting in injury insurance policy cases and potentially on any kind of elements associated with it.

The personal injury attorney

When it comes to experience, make certain that that you might be employing has straight competence and understanding in dealing with huge Insurance coverage Business and service providers so that he or she can obtain you the loan that you are worthy of. This is of wonderful significance due to the fact that there are some chicago Injury Attorneys circumstances that your attorney will certainly need to talk with the insurance provider as they try to find means to conceal your cash.

The legal representative you work with ought to have a high winning price for his customers. These top qualities are extremely crucial to make certain the personal injury insurance policy declares that you submitted will certainly be located in your support. An additional aspect that you require to comprehend and remember, that the field of Accident is actually vast and it might vary from crashes to clinical falsities. Finally the attorney’s major task is to make certain that you will certainly be made up for any one of your injuries from the insurer.

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Tips on Searching For a Leading Injury Legal Representative

Obtain the Leading Accident Legal Representative to Manage Your Situation Accident situations are life-altering occasions that can damage your wellness, funds and domesticity. Numerous crash targets hinge on the problems they are granted to cover clinical costs and shed revenue. Picking the leading legal representative is for that reason the important primary step any type of complainant should take so she or he can obtain appropriately made up. If you are trying to find a Florida birth injury legal representative, have a look at birth injury lawyers Florida.

How to Determine a Leading Accident Legal Representative

A lawyer that concentrates on injury regulation will certainly be finest matched to properly evaluate the benefits of your situation and develop the most effective lawful method for obtaining the settlement that is because of you. Lawyers that specialize likewise usually stay on par with any type of updates on their locations of the method. It is harder for lawyers to remain notified if they divided their time managing lawful situations in a lot of method locations.

An injury legal representative has years of court experience. A well developed leading personal injury legal representative will certainly be chicago Personal Injury Attorneys able to effectively start examinations, protected proof, find witnesses, data records, and maintain your instance relocating towards a positive judgment. An attorney has accessibility to a big quantity of sources personal injury lawyers function for a backup cost, it is important for your attorney to be well-financed in order to protect the solutions that help in verifying your case.

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Making Your Law Firm Fast And Effective

Running a small business law firm can be quite the challenge from the very beginning stages. Not only is it difficult to get up and running but maintaining your small business law firm can also become a struggle. Many small business law firms lack the resources needed to help them stay on top of their case management. Because they begin their law firm business with little resource funding, they start their business with no useful resources. There are many law firms that start off with almost no cases in the beginning, then later picking up more than they can handle. According to Bustle, there are many cases that lawyers handle within the court systems, but about more than 80 to 92 percent of civil cases actually settle outside of court. Therefore, law firms are busy around the clock, whether it is in actual court fighting a case or they are handling private cases outside of court. This is why having a quality tool such as a software that can help make the process faster to help the law firm stay efficient.

Staying organized in your small business law firm company is one of the most important things you can do to keep your business running smoothly. According to Small Business Chron, having organizational skills allows your company to save time, helps your company benefit for taxes, better management with your accounting, allows you to provide your clients with better customer service and overall helps you do your job without having to face much stress. When you are organized, you are able to provide your clients with a speedy process. For example, a majority of cases usually require quite a bit of documents. When you are able to provide these documents automatically and rapidly, you are able to prevent your client from waiting for documentation to be completed. There are various software that you can utilize to allow your law firm to create documents easily.

Having a software to help your law firm create all of your documents is one of the ways you can help speed things up. The entire process of handling a case from beginning to end can be very time consuming. When you are able to depend on a software that can automate your documentation, you can get the ball rolling must faster. Therefore, saving time and efforts. Take time to conduct a little research on the various types of software out today. You can search for document assembly software online. From here, you should be able to find a list of quality software out in the market today to help you automate your documentation.

It is always important to look for ways to keep your law firm efficient. When you are able to help your law firm by using tools to make your company better, you will be able to grow. The more efficient your law firm is and the faster it is, the more clients will favor your law firm business over others. Thus, bringing in more profits for the company in the long run.

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Criteria and Tips to What Makes A Verbal Agreement Legally Binding

Are you wondering if verbal agreements are legally binding? If so, you should know that verbal contracts can be just as binding as written contracts, but they’re also often harder to prove the legalities of than written contracts.

Technology Makes A Mixed Bag of Contracts in Today’s Business World

In everyday business arrangements, discussions, and transactions, technology has enabled a plethora of communication portals. Emails, texts, messenger, online orders, and such exist to expedite things. There’s also the verbal conversations and written correspondence and orders to consider. To further complicate matters, it’s often the case that a contract may find itself partly verbal and partly written.

In any case, if a verbal agreement is part of the contract equation, then it must meet certain criteria to be considered legally binding.

What It Takes for A Verbal Contract to Be Legally Binding

1. Verbal Contracts Must Include an Offer and Acceptance

One person/entity makes an offer,and the other person/entity accepts said offer. This is the first step to creating any legally binding agreement, and it can look like any of the following examples:

• Offer and acceptance of employment under specified conditions.

• Offer and acceptance of the sale of a vehicle under a specified price.

• Offer and acceptance of a commercial lease agreement Victoria under certain terms.

• Offer and acceptance of lending monies, goods, or services under certain terms.

2. Verbal Contracts Must Include Complete Terms

In the above examples, you’ll notice “under certain terms” mentioned each time. This is because the terms of the verbal agreement must be specified and agreed upon for the contract to be complete. Otherwise, a court will consider a verbalcontract not agreed upon and therefore invalid and not binding.

In other words, you may have a verbal yes to lease a property, but it’s all but meaningless if that verbal agreement didn’t include terms like price and length of the lease.

3. Verbal Contracts Must Include A Binding Intention

While the intention is something that’s often difficult to legally analyze, both parties involved must have a reasonable expectation to be legally bound by the verbal agreement. Thisis generally exhibited by inference of intent. The transaction’s circumstances can be looked at for intent, such as:

• Have the parties began performing or utilizing the goods, services, space, or such outlined in the contract?

• Has something of value already been exchanged between the parties?

If yes, then most courts consider such actions as confirmation of intent to be legally bound.

4. Verbal Contracts Must Include Consideration

How often have you made verbal promises you’ve ultimately been unable to keep? Without consideration as a factor, the courts would be overflowing with such broken promises.

Consideration is the legal term for the exchange of value between parties. Do keep in mind that consideration is only binding following establishing an offer, acceptance, and intent. In other words, you can’t just randomly send someone a good or service and then demand payment.

For consideration, there’s a price paid by one party in exchange for the other party’s promise of delivery. This exchange doesn’t necessarily need to be monetary; it’s merely anything that symbolizes a commitment and intention of a binding agreement.

5. Verbal Contracts Must Abide bythe Standard of Legal Capacity

Legal capacity can vary from area to area. So, always know the legalities of where you’re operating. However, there’s a prerequisite that a person has the legal capacity to enter into a binding agreement. This includes they be:

• Of a certain age, which is usually 18-years-old.

• Of sound mental capacity and without mental impairment.

• Free of the influence of alcohol and drugs.

6. Verbal Contracts Require Proof of Agreement

Verbal contracts can be highly advantageous and convenient to business flow. Done correctly, they have the same legal power as any other contract. However, verbal agreements remain difficult to prove if problems arise.

Parties can default on agreements, dispute the terms, or even claim they never accepted the offer. It’s then brought to courts, which are often left to decide the case based solely upon the merits of one person’s word over another person’s word. You’re left to prove all the above criteria of a legally binding verbal agreement. Can you? The bigger question might be should you subject yourself to doing it.

The Benefits ofa Written Contract

Despite the initial ease of a verbal contract, you can see you’ve left with a serious potential problem and burden of proof afterward. Therefore, business and legal experts almost exclusively recommend business agreements go down on paper.

Of course, even written agreements can leave you open to misunderstandings and legal burdens if not drafted properly. Ensure that all written contracts are as detailed as possible in offerings, terms, conditions, and obligations. Don’t neglect dates and signatures.

What Should You Do If A Verbal Contract Is Your Best/Only Option?

In this case, you’ll want to make detail your best friend. Here are some tips:

• Keep a written log of all offer and negotiation details, including when, what, and with whom all discussions take place.

• Retain all forms of written communication that exchange hands.

• Take time to ensure the contract’s terms, conditions, and obligations are clear to both yourself and the other party.

• Agree that both parties are legally able and willing to enter into a binding agreement.

• Discuss each facet involved on a point-by-point system – good or service provided, price, payment criteria, length of the contract, termination of the contract, and so forth – and receive verbal confirmation of agreement and understanding.

In conclusion, a written contract will most universally offer you the most poignant protection because it remains hardest to argue with what’s in black and white. However, if a verbal contact is used, then help ensure its legally binding by taking the appropriate steps and tips outlined here.

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