There are a couple different types of insurance states go by.
Pure fault, and percentage fault(not sure on that name)?
Pure fault is like MN, if you are 51% at fault, the accident is YOUR fault. You get nothing for damage done to your car unless you have full coverage. The other company foots none of the bill and your company foots the whole bill to repair the other drivers damages. Injuries are immediately covered under "no fault" funds. Meaning all your injuries and the other drivers injuries are guaranteed to be taken care of by the state. Once it's determined who was at fault that persons insurance picks up the tab. That is, unless the insurance carriers cannot agree and decide to settle.
Percentage fault I believe is when the companies pay based on the amount their driver is at fault. Say you are 51% at fault and the other nut is 49% at fault, your company would pay for 51% of his damages. At least I think I remember that being how it is. It's not the most popular of the two.
It is extremely unlikely that an accident will be assigned as 100% fault to one driver. Usually they go 80/20 60/40 or something of that nature. The less you do to avoid the accident the more fault will be assigned to you. In QuantumMotorSport's case, there is a very real possability that if he would have chosen to ram the car without attempting to avoid the accident he would have been assigned a significant portion of the accident. If the idiot was given a ticket for running the stop sign or failure to yield the results would have surely been in his favor, but avoiding the insurance company is the best thing to do. If the other driver would not have been ticketed and the insurance companies were to decide Quantum could have avoided making contact, he most likely would have been assigned fault. I carry a camera in my car a lot of the time. Quantum's repair bill was like $15, for that I'd be glad to avoid the insurance BS. By the way, you can count on the other party lying their *** off.
If you cannot avoid an accident ie swerving would surely make contact with another object, just lock up the brakes and pray! DO NOT cause another accident if you can possibly avoid it. If the ******* you were going to hit gets away, you are screwed for hitting something else.
By the way, never cause an accident because of an animal. You will be at fault. Just smash the crap outta whatever is in front of you unless you can avoid it without getting into another accident. The only thing you can swerve to avoid as far as living beings is a human.
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