Insurance companies determine fault after an accident by assigning a claims adjuster to investigate, analyze evidence, and review state traffic laws. Adjusters reconstruct the scene using police reports, witness statements, vehicle damage, and photo/video evidence to assign percentages of negligence to each driver.
In some cases, fault cannot be determined by the drivers, police or insurance companies. In these cases, you have a few options. Some drivers choose to use arbitration, which is a means of settling fault without going to court. A neutral arbiter is chosen to decide the percentage of fault each driver has.
How to Prove an Accident Wasn't Your Fault in 5 Steps
To determine who's at fault in an accident, claims adjusters usually talk to witnesses, look at police reports, and review the accounts of the accident from parties involved. Photos of vehicle or property damage can come into play, as well as a specific state's traffic laws.
Unless a police officer is an accident reconstruction expert, they do not establish fault. Instead, they write a narrative describing what they observed at the scene, including driver and witness statements. Personal injury attorneys and insurers rely on a police opinion when establishing fault and liability.
Insurance companies conduct their own investigations to determine fault. They review all available evidence, including police reports, witness statements, and photographs. Insurance adjusters use this information to assign liability and determine the compensation you may be entitled to.
If you admit fault in a car accident, you may be unable to recover the compensation you deserve. This could include medical bills, car repairs, and time taken off work due to your injuries. The extent of your injuries and damages may not be evident at the scene of the crash.
The location of damage can provide key clues about who was at fault in a car accident, but it's rarely the sole deciding factor. Rear-end and side-impact damage patterns often point to fault, but witness statements and other evidence can also be crucial.
The insurer will look at factors such as who caused the accident and if either driver violated traffic laws. If you are the at-fault driver, your insurance company will likely cover the damages up to the limits of your policy.
Eyewitness testimonies, police reports, photographic and video evidence and expert analysis, are all valuable evidence that can help determine fault and support your legal claim.
Some providers can raise your premiums by up to 30% for one non-fault claim, and by up to 50% for two non-fault claims. If you swap insurers, you should expect your new provider to ask for your claims history, and it can go back as far as five years.
When talking to an insurance adjuster, avoid admitting fault, speculating on the cause or extent of injuries/damages, giving recorded statements without legal advice, and volunteering extra information like past injuries or unrelated details, as anything said can be used to minimize your claim; instead, stick to basic facts, remain polite but brief, and consider getting legal counsel. Don't sign anything without review, and avoid saying you're "fine" or "okay" immediately after an incident.
Once you've filed the required documents, they typically have 30 days to investigate and decide. In some cases, insurers can request an extension of up to 45 days, but they must provide a written explanation for the delay, including the reasons and the expected completion date.
The adjuster will gather details about the accident. This may include reviewing the police report, interviewing involved parties and assessing photos of damage. Based on their review, the adjuster works with the insurer to determine who's at fault for the accident.
A Police Officer doesn't Determine Fault
If a car accident lawsuit ends up in court, police officers provide testimony, confirming the facts in their report. They testify about driver impairment, physical evidence observed after a crash, and their rationale for issuing any citations for criminal behavior.
Insurance companies determine fault by having adjusters investigate, gathering evidence like police reports, witness statements, photos, and videos, analyzing vehicle damage and skid marks, and applying state traffic laws and negligence principles, often resulting in shared fault (comparative negligence) if multiple parties contributed.
Plus, insurance companies fear litigation; they would rather pay your claim than risk losing even more money in a lawsuit. Keep reading to learn about the top nine tricks insurance companies use to avoid paying you a fair settlement and how a legal professional can help you get the compensation you deserve.
The 3/6 second rule is a driving safety guideline for maintaining a safe following distance: use 3 seconds in normal conditions and increase to 6 seconds (or more) in bad weather, at night, or when driving large vehicles, by timing how long it takes your car to pass a fixed object after the vehicle ahead does. This time gap provides crucial space for reactions and braking, preventing rear-end collisions.
Car Accidents - Key Takeaways
Avoid making statements to insurers that can hurt your claim, such as apologizing, speculating, or downplaying injuries. Insurance companies often ask questions designed to minimize payouts. A car accident lawyer can handle all communications on your behalf.