I hit the vehicle, but the accident wasn’t my fault. Do I still have a car accident claim?

You can file a car accident claim if you hit a vehicle but the accident isn’t your fault, or if you hold partial fault for the accident. You must present evidence to establish the cause and contributing factors for the accident, such as a police report, witness statements or other relevant documentation.

Negligence Laws in West Virginia

West Virginia follows the modified comparative negligence rules, meaning you are entitled to damages if you are 49 percent or less at fault for the accident.

More specifically, after you have filed a car accident claim and establish the extent of your fault, you will be entitled to receive compensation that is equal to the total damage amount minus an amount that is equivalent to the percentage of your liability.

So if you are not at fault in any way, then you will receive the total damage award. If you are found to be 25 percent at fault, your damage award will be reduced by 25 percent. If total damages are $50,000, after reducing the damage award by 25 percent, you would be able to recover $37,500.

If you think that you are not at fault, even though you may have hit another vehicle, you should acquire the help of a car accident attorney in Clarksburg to file a claim for damages. Your attorney will gather and analyze the requisite evidence and help you prepare and present a case that establishes fault for the accident and, thus, liability for injuries and other damages resulting from the accident.

Get in Touch with a Personal Injury Lawyer

If you or a loved one has been involved in a vehicle accident and believe that it was caused by (or mostly caused by) the other party, get in touch with The Miley Legal Group in Clarksburg, W.V., at (304) 931-4088 for a free consultation

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group