If you get in an accident while speeding, there are several options available for obtaining compensation, though you may have some obstacles to overcome because of the ticket. First, you need to understand how negligence plays into your accident, if the other person was somehow at fault, and how insurance companies investigate. You can still get coverage, but it may come with increased premiums. Here’s what you need to know if you get in an accident while speeding.
Negligence refers to someone’s careless behavior that puts other drivers at risk. A driver who is speeding and causes an accident would more than likely be considered negligent, but that doesn’t necessarily determine who pays for the other driver’s injuries and damages. If you live in a no-fault state, the other driver cannot make a claim with your insurance even if you are to blame for the accident. Instead, everyone files under their own insurance policies.
Not all states are like this. Some use contributory or comparative negligence laws to determine who pays whom. In a contributory state, if you were responsible for the accident in any way, you can only file a claim with your insurance. In comparative, if you are liable for an accident up to a certain percent, you only receive compensation relative to that percent.
If you were speeding at the time of the accident, that doesn’t necessarily mean you were completely responsible for it. For example, if the other driver pulled out right in front of you and you hit them, their lack of attention could also be considered fault. In a contributory law state, you may be able to prove that they are partially liable, and therefore they cannot make a claim with your insurance (they can do the same to you by proving you contributed to the accident by speeding). In a comparative law state, you may both be awarded some compensation.
Insurance Company Investigations
At the accident, the responding police officer will take statements from the drivers and passengers and determine fault. Insurance companies can use this judgment, but more than likely they will launch their own investigation. When speaking to an insurance agent or investigator, never admit guilt, talk about your injuries or tell them what you think happened to cause the accident. Only tell them the facts, and if you think you were speeding, don’t mention it.
If you aren’t sure how your speeding ticket impacts your case, reach out to a motorcycle lawyer. They can inform you about laws and advise you on the right course of action. A local attorney or law firm, like the motorcycle accident lawyers, at David & Philpot, PL, likely have the resources to help you choose the best course of action for recovery.