Concept of Fault or Liability

The determination of fault in an automobile accident may or may not establish the person or party liable for payment of the damages or injuries. This fact is wholly the result of legislative lobbying over the years by automobile liability insurance carriers, who have devised and promoted various alternative strategies to the common law concept that persons at fault pay for the damages. Under such legislative schemes, common law recovery for damages has been totally or partially abolished. In its place is a statutory reapportionment of liability for payment of damages. This arrangement does not mean that there is a statutory re-defining of actual “fault” per se. It simply means that many states have reapportioned the liability for fault, at least for purposes of automobile accident liability insurance. In all states, persons who fail to maintain liability insurance and who cause accidents may be personally sued, and their assets seized to satisfy any judgment against them.

Inside Concept of Fault or Liability