Getting into a car accident can be an unpleasant experience. Trying to recover compensation to fix your car or cover your medical expenses can be challenging, especially if you are dealing with painful injuries. If you share fault for the accident, there is a chance that you could face a lengthy and drawn-out legal battle to recover compensation for your damages.
In some cases, a split liability agreement may be the best option to help ensure you are able to resolve your claim timely and get the money you need and deserve. A car accident attorney Albuquerque can be invaluable when it comes to pursuing legal action.
Proving Liability
After an accident, the victim who was injured has a right to hold the negligent driver accountable for the damages that they suffered. Unfortunately, the issue of determining fault is not always simple and straightforward. In some instances, there can be more than one person at fault. In these cases, it may not be possible for a claimant to recover all of the compensation that they need.
Even though accidents involving shared faults and shared liability can be difficult, it is possible to handle them effectively. One of the ways to handle situations where more than one person shares fault for the accident is to establish a clear split liability agreement. This agreement will help to ensure that a victim is able to recover some of the compensation needed during this difficult time.
What is a Split Liability Agreement?
A split liability agreement is a legal arrangement that specifies how responsibility for damage and injuries suffered in an automobile accident will be divided among the parties involved. Instead of placing the entire blame on one party for an accident, the agreement allows for a fair sharing of liability based on the degree of fault that was assigned to each party.
This means that if you were found to be partially at fault for the accident, you would only be liable for paying damages that are proportional to your level of fault. For example, if it was determined that you were 40% at fault in the other driver involved in the crash was 60% at fault, you would only be responsible for covering 40% of the total costs suffered.
Split liability agreements are beneficial because they provide a more equitable outcome when accidents involve shared responsibility. It prevents one party from bearing all financial burdens while ensuring accountability for all parties involved. Additionally, these agreements can help streamline insurance claims and settlement negotiations by providing clarity on each person’s share of responsibility.
How Does This Type of Agreement Work?
A split liability agreement works by assigning responsibility for an accident based on the level of contribution from each party involved. It provides a fair resolution while saving time and money in comparison to going through litigation processes.
To determine how to assign each party their share of liability in a split liability agreement, an investigation is conducted to gather evidence and assess the circumstances surrounding the accident. Factors such as statements from witnesses, police reports, and expert opinions may be taken into account during the investigation process. Based on the findings and information, insurance companies or car accident lawyers negotiate a fair division of liability.
Once an agreement is reached, it is legally binding, and both parties must adhere to their assigned share of responsibility. This means that each party will be responsible for paying damages according to their allocated percentage of fault.
By reaching a split liability agreement, both parties avoid lengthy court battles and expensive legal fees. It allows them to resolve disputes more efficiently and move forward with their lives.
It’s important to note that a split liability agreement does not necessarily mean equal shares of fault. The allocation may vary depending on how much each party contributed to the accident.
Benefits of a Split Liability Agreement
One of the main benefits that come with establishing a split liability agreement is that it ensures that the involved parties receive a fair share of compensation based on the damages that they suffered as a result of the other party. Instead of one party and held solely, both parties share the blame to some extent.
Another key benefit that comes with a split liability agreement is that it allows the people involved in the accident to preserve the relationship. This is particularly important in cases where both parties involved in the accident know each other. When both of the involved parties except a partial fault for the crash, there tends to be less animosity and hard feelings toward each other compared to situations where one driver is deemed entirely at fault for all of the losses and damages.
In addition, a split liability agreement may result in fewer negative effects on your future insurance policy premiums. As both parties share responsibility for the accident, insurers may view this as less risky behavior when compared to one person sharing all of the fault for the crash.
Is a Split Agreement Right For Me?
Deciding whether or not a split liability agreement is right for you will depend on various factors. This includes an assessment of fault, whether you want to resolve the claim quickly, and the financial implications surrounding the crash.
You want to take into consideration how much fault you shared for the accident. If you believe that you did share some responsibility for the collision taking place, then pursuing a split liability agreement may be worth considering due to the fact that it can help expedite the claims process. It will also look better to your personal insurance company to share fault for an accident rather than be held solely responsible in some situations.
It is important to carefully consider whether a split liability agreement is the right option for your specific circumstances. Consulting with an experienced personal injury lawyer can help to determine whether this type of agreement is appropriate for you. Your attorney will be able to provide you with invaluable guidance based on your particular situation and how to negotiate fair terms that adequately protect your best interest and legal rights.
