Whose Insurance Pays In a Multi-Car Accident?

Determining Liability In a Chain Reaction Accident

A car accident is one of those things that you don’t want to get involved in. A collision is stressful, especially if it involves multiple cars. In multi-car accidents, it can be challenging to determine who is at fault and who pays for the damages and injuries.

If you or a loved one suffered injuries in a multi-car crash in Omaha or anywhere in Nebraska, it would be wise to speak with a personal injury attorney. Determining fault and whose insurance pays in a multi-car accident can be more complicated than in a single-vehicle accident. Consult an experienced attorney to know your legal options.

Understanding Multi-Car Accidents

A multi-car accident involves the collision of more than two vehicles. It can be a series of accidents or just a collision between two vehicles at the outset that damages other vehicles due to the crash’s impact. An accident involving three or more vehicles is sometimes called a chain reaction crash.

Poor weather conditions, driving under the influence of alcohol, and reckless driving are among the common causes of multi-car collisions. Accidents involving multiple vehicles can be a result of the following: 

• Head-on collision: This happens when a motor vehicle’s front portion hits the front of the other. Vehicles that swerve out of their lanes due to traffic jams are likely to get involved in head-on collisions.
• Side-impact collision: This occurs when a vehicle crashes into the side of one or more vehicles. Side impact crashes are often a result of a driver’s failure to yield at a stop sign or in the intersection.
• Rear-end collision: When a vehicle at the back hits the rear of the vehicle in front, the result is a rear-end collision. If the impact is so sudden and unanticipated, it could result in a chain reaction, where multiple vehicles hit the back of the vehicles in front of them. Multi-vehicle rear-end crashes are particularly common on congested Omaha highways like I-80 and I-680 during peak traffic hours.

Insurance Liability In Multi-Car Accidents

How to Determine Fault

Determining fault in a multi-car collision requires determining the party who acted negligently. Generally, the driver who caused the initial collision is liable, although multiple drivers can also be held accountable, depending on the insurance.

Nebraska has a comparative negligence rule. This means that all those who acted recklessly on the road may be held liable. Each driver found to be negligent can be held partially at fault.

Under Nebraska Revised Statute § 25-21,185.09, the compensation awarded to an injured party may be reduced if that party is also found to be at fault. If the injured party’s contributory negligence is equal to or greater than the total negligence of all persons against whom recovery is sought, that party may not recover any compensation.

So, who decides the percentage of a driver’s liability? Initially, it is the police that determines liability, depending on the result of the investigation. If the parties fail to arrive at a settlement, a complaint may be filed in court. In Douglas County, multi-car accident cases that go to litigation are typically heard in Douglas County District Court. In that case, the judge determines liability based on evidence of the parties.

The Role of Insurance Companies and Your Auto Insurance Coverage

Insurance companies can also get involved in determining the liability of the drivers involved in a car accident. When a personal injury claim is filed, an insurance provider estimates based on their respective adjusters’ recommendations.

You can file a personal injury claim against one or more parties depending on the circumstances that led to the multi-vehicle accident. It is best to speak with car accident lawyers after being examined by a medical professional. An experienced lawyer can provide insights and guidance on how to take legal action against the parties involved.

The Claims Process

Filing a Claim

You have three main options if you want to file a claim.

1. File a claim with your insurance company.
2. File a third-party claim directly against the at-fault driver’s auto insurance policy provider.
3. File a civil case (personal injury lawsuit) against the negligent driver.

Your options may depend on the circumstances, so it’s better to ask an attorney for advice.

Navigating the Claims Process

It is vital to have an overview of the process involved when you file a claim with the insurance company. Here is the general procedure.

1. File a claim with the insurance company (either your insurance company or the at-fault driver’s insurance carrier).
2. Submit paperwork and evidence pertaining to the accident.
3. The insurance company investigates the case. They either approve or deny the claim.
4. If the insurance denies the claim or you disagree with the settlement offer, make an appeals claim to the adjuster.
5. Based on your appeal, the insurance company makes a final decision as to the settlement of the claim.

You should remember that the insurance companies are not on your side. They want to spend as little as possible even if you end up with an unfair settlement amount.

Welsh & Welsh, PC LLO has successfully handled insurance claims of people injured in motor vehicle accidents. Over the years, we’ve helped deliver fair and full compensation to our injured clients.

Protecting Your Rights

Here are the most important things that you should do after a car collision:

1. Call 911 for police and medical assistance.
2. Keep calm and document the incident.
3. List the names and get the contact information of those involved in the accident.
4. Speak with a car accident lawyer.

Being in a car accident can be confusing, especially if you are one of the injured parties. Being calm is crucial. In many cases, people fail to get proper compensation because they fail to follow the steps above.

Consult With Welsh & Welsh, PC LLO

Every car accident is unique, and what works for one may not work for the other. If you’re involved in a car accident, you need guidance from skilled lawyers who know how personal injury claims work.

Our personal injury lawyers from Welsh & Welsh, PC LLO, are ready to assist you if you or a loved one suffered injuries due to the fault and negligence of another driver. We handle each case depending on the personal circumstances of our clients, thus our personalized approach to dealing with our clients’ respective legal concerns.

Let us help you recover compensation for the damages you suffered – medical bills, lost wages, pain and suffering, and more. Call Welsh & Welsh, PC LLO, today for a free case evaluation.