Who’s at Fault in a Multi-Car Collision?

While it may seem fairly simple to figure out who is at fault in a one- or two-car collision, multi-car accidents are very different. Typically, the car that rear-ends another is determined to be at fault because that driver is responsible for maintaining a safe following distance. Right?

Not so fast. In most multi-car accidents, there is no single factor to blame. With each additional vehicle added to the collision mix, things get even more complicated. For instance, if a second car was rear-ended, the fault lies with the third driver or whoever was the first to make contact. Right?

Factors That Determine Fault

We said it gets complicated, and that wasn’t an overstatement. While a “chain reaction” accident is frequently caused by the negligence of the first driver, there are often other factors contributing to the accident, such as weather, road conditions, or unexpected braking from cars further up the chain.

Then there are state laws to take into consideration.

As an example, Kansas and Missouri are both “comparative negligence” states. That means that either a police officer on the scene, a judge or jury in a courtroom, or the insurance companies during the settlement process can ascribe partial responsibility to different drivers in a multi-car accident. For instance, they may determine that one driver is 70% to blame for driving too fast while another is 30% to blame for driving with broken brake lights.

However, Kansas and Missouri work a little differently.

• In Missouri, “pure comparative negligence” laws apply. This means if you are to blame for some part of the accident, you can receive insurance settlement payments, minus the percentage of blame you receive.
• Kansas, on the other hand, operates on a “51% rule,” which states that if you are at least 51% responsible or at fault for the accident, you cannot receive any compensation.

Oh, and did we mention “at-fault states”?

• Drivers in Kansas live in a no-fault state. This means that, in Kansas, your insurance is supposed to pay your damages while the other driver’s insurance pays theirs, and neither party goes to court. (Damages in excess of your insurance coverage may still be taken to court, however.)
• In Missouri, the driver with the most liability pays for the damages and injured parties. That’s because MO is an at-fault state.

Confused? Yeah, that’s kind of how insurance works, which is a bummer. But if you ever get into a crash, whether it’s in Missouri, Kansas or another state, just remember these tips.

Tips on Getting Through a Chain Car Crash

Regardless of the state, if you are in a multi-car collision, here are a few things to remember in order to stay safe and help determine fault:

• Stay calm.
• Call the police immediately, then contact your insurance agent while you wait.
• Stay in your car until a police officer or EMT says it’s clear to exit. The risk of repeated injuries is very high during a multi-car accident, and just because your car has stopped moving doesn’t mean that other vehicles around you aren’t still moving in unpredictable ways.
• Remain at the scene and be sure to give your account to the police. If possible, have yourself and any passengers checked out by EMTs or emergency workers at the scene.
• Once you’re able to, take pictures of your car at the scene as well as the surrounding cars. Take note of skid marks on the road, the relative position of vehicles, debris—basically, document everything you can.
• Exchange insurance information with other drivers, and exchange contact information with the police and with any witnesses at the scene.
• Call a tow truck, if one’s not already been dispatched. (You can contact 1-800-NEW-AGAIN to get towed to a McCarthy body shop near you.)

How to File an Insurance Claim After a Collision

The insurance claim process can be a mess. Take it one step at a time, and you should be able to get through it relatively unscathed. Here are some other tips:

• Contact your insurance company or insurance agent and complete any paperwork or forms they request.
• Call a crash repair shop near you. (Note that you can take your car to any auto body repair shop you prefer, not just the one your insurance recommends.)
• Request an auto body repair estimate and review it carefully. Compare it against the benefits and limits of your insurance policy.
• Have your car repaired. Keep track of all expenses related to the auto repair and the accident itself. For example, you may also need to pay for alternate means of transportation, you may miss work, or you may have medical expenses.
• Your insurance company will reimburse you according to your policy, less any deductible you owe. If your accident-related expenses exceed your settlement, you can speak again to your insurance agent or company and verify that you’ve gotten all the benefits your policy entitles you to. You may want to consider taking the other driver(s) to court to recover all your damages from the accident.
• Do try and work with a collision repair center that offers insurance claim assistance. McCarthy Collision Centers will work with you and your insurance company to ensure you get fully compensated.

McCarthy Collision Centers: We’ve Got Your Back

Although a multi-car crash might be stressful and overly complicated, there’s nothing complicated about the way our McCarthy Collision Centers work. We tow you here, we speak with your insurance company to pay for repairs, and we get you back on the road—easy as pie. If you need help after a crash in Kansas City, contact us at 800-NEW-AGAIN. We have auto collision centers throughout the Kansas City region, including Olathe, Blue Springs, Overland Park and Lee’s Summit.

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