Our lawyers at FH&P are skilled and experienced advocates in personal injury related disputes, including brain injury, spinal cord injury, wrongful death and major trauma. The primary objective of our team is to obtain the full compensation and benefits for our clients to which they are legally entitled.
Associate Counsel Marvin Geekie is one of our experienced lawyers in the personal injury field. A question he has received in the past from a few clients is, "If I have been involved in a motor vehicle accident and I've been found partially at fault can I still make a claim?” Marvin discusses what you can do.
A question we often get is “I have been involved in a motor vehicle accident and I've been found partially at fault can I still make a claim?”
The answer is yes you can make a claim whether you are wholly at fault or not. That claim that you make if you are wholly at fault is against your own insurance for something called Part 7 or no fault benefits. Those are rehabilitation in nature designed to fix the injuries that you sustained in this motor vehicle accident so you can get better and be a productive member of society.
If you are only partially at fault for example you can still make a claim and of course whatever the degree of fault that you are found to be responsible for, that’s the quantity of damages. For example if you are 50% at fault for causing the accident you are only entitled to 50% of your damages. Even though someone may have told you that you are at fault for the accident please consult a lawyer and get legal advice on the subject because I've often found that my assessment of the liability situation doesn't accord with insurance companies or a police officer at the scene. Make sure that if you have fault questions check with a trained professional and get proper legal advice.
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