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Can no one be at fault in an accident?
"What happens if fault can't be proven in an accident? I was in an accident with another driver who ran a red light. They won't admit fault and there's no way to prove she ran the light. She's from California and I'm in Washington."
Emily Maracle · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
“Both California and Washington are states that have comparative negligence laws. This means that a percentage of fault will be determined by both of your insurance companies.
For example, this could mean the other driver is 95% at fault while you’re 5% at fault.
If fault can’t be determined between your insurance companies, you’ll likely be deemed 50% at fault.
If that’s the case, the other driver’s insurance usually will pay 50% of the damages to your vehicle. Your insurance would then cover the rest, if you have
collision insurance
.If you don’t have collision insurance or are unhappy with the agreed settlement, you do have the option of filing a suit against the other driver. You’ll want to reach out to a lawyer that specializes in car accidents to find out what your options would be.”
View full answer
- Gregory R.
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