Fault for Personal Injury When the Law is Broken

Do I automatically get paid if the other person broke the law?

No, you are not automatically paid by the insurance company for the driver if the driver broke the law. Someone who is speeding and comes to an abrupt stop is not responsible for the accident when someone else rear ends their car. It is necessary the action of breaking the law caused the accident. There is a difference between criminal law and civil law. The fact that someone broke the law will makes them criminally liable for a penalty under criminal law. In order to show someone is at fault for the accident it is necessary to show their conduct was the cause of the accident and the injuries which resulted. If Fred runs a stop sign he is not responsible for the injury suffered by Joan when she trips and falls getting out of the car.

If the investigating police officer finds the other party at fault, do I automatically get paid?

Unfortunately, you do not automatically get paid by the responsible insurance company when the police officer finds the other driver at fault. If you were partially of fault the insurance company will argue you do not get full value of all the hassles, medical expenses and difficulties you experienced. As an example, the responsible party turned left in front of you. If you were speeding the responsible party may not be fully at fault. This may prevent you from fully getting paid in some states and may completely prevent you from recovery in other states. The opinion of the police officer will bear on the determination of liability. Insurance companies, however, will many times argue the police officer lacked all the facts necessary to make a determination and that the determination is only an opinion.