subject: What Constitutes Liability in an Automobile Accident? [print this page] What Constitutes Liability in an Automobile Accident?
Do you wonder what constitutes liability in an automobile accident? In this article we are going to look at a couple of different ways to tell who is liable.
For those of your wondering what constitutes liability in an automobile accident I am going to assume that you have recently dealt with a wreck. Many times people are still slightly traumatized for some time after the accident. If you are still very upset you may not be thinking clearly. Allow me to help you by looking at some of the terms and helping you decide where you stand.
Consider Your State
Different states are going to have different laws. Some states will only allow for auto accident settlements to cover medical expenses and damage to the vehicle of the person. Different states may have different ways of deciding liability but generally you get a police report and it tells who is liable.
If you believe that a police report is incorrect you may go up against it but they usually are pretty solid.
Different Types Of Liability
There are two types of liability you need to think about - public liability, vicarious liability.
Public liability will allow the injured party to sue the owner or occupier for personal injury and sometimes punitive damages.
Owner liability or vicarious liability will hold the owner liable for the accident even if they were not occupying the vehicle. This is only if the person has given permission to drive the vehicle. This is to ensure that there is insurance in case the person driving the car has an accident and is not insured for themselves.
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