How is fault determined in a car accident?

Asked over 2 years ago - Grand Rapids, MI

Another driver and I were both merging into a lane at the same time, and hit each other. I think we were equally at fault, since we were doing the same thing and hit each other at the same time, but they are trying to claim it was all my fault. What do the police and insurance companies look at in determining fault in an accident?


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Attorney answers (2)

  1. Scott Matthew Aaronson

    Contributor Level 13

    Answered . Since Michigan is a No Fault State, fault doesn't play a huge role into receiving damages.
    The police however will look solely to see who violated the traffic violation. It could be possible that both of you violated an ordinance. Ultimately though, usually in these types of situations, nobody gets a ticket.

  2. James M. Osak

    Contributor Level 15

    Answered . "Heads" you're at fault . . . "Tails" you're still at fault.
    That's what some police agencies, and most insurance
    companies use as a barometer. The cops like to
    ticket (income) and the insurance companies use
    the at-fault status to raise your monthly premiums
    (income). Fight your ticket and if insurance company
    raises your premium . . . argue or change your
    insurance if you can get cheaper. Most insurance
    companies use a three (3) year window to determine
    what your premiums will be. It's a nightmare dealing
    with insurance companies sometimes. Good luck!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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