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re: Accident with a car with no headlights - whose at fault?
Posted on 2/20/17 at 8:20 pm to TigerTalker142
Posted on 2/20/17 at 8:20 pm to TigerTalker142
It will more than likely be comparative fault which is what Louisiana uses in these scenarios. The police report is irrelevant. You can use it for leverage to your/their insurance. It helps but it is inadmissible in court.
Bottom line. It'll probably be a 60-40 split depending on whether you can "prove" his lights were off. If you can, you'll get 70-30 because you should have been able to see him regardless of his headlights being on. Not saying I would say that but that's what the other attorney/insurance will say putting you at some percentage at fault.
You're going to have to get an attorney if you want to get the best out of your situation. Insurance adjusters will be the ultimate bitch in this case.
Hope this helps.
Bottom line. It'll probably be a 60-40 split depending on whether you can "prove" his lights were off. If you can, you'll get 70-30 because you should have been able to see him regardless of his headlights being on. Not saying I would say that but that's what the other attorney/insurance will say putting you at some percentage at fault.
You're going to have to get an attorney if you want to get the best out of your situation. Insurance adjusters will be the ultimate bitch in this case.
Hope this helps.
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