Car insurance companies determine fault by assigning a claims adjuster to investigate the accident, analyzing evidence such as police reports, photos of vehicle damage, witness statements, and dashcam footage. They evaluate compliance with traffic laws, such as speeding or failing to yield, to assign a percentage of negligence to each driver.
How to Prove an Accident Wasn't Your Fault in 5 Steps
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.
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.
If you are at fault, your liability insurance will cover the damage to the other party's vehicle, as long as it's within your coverage limits. This includes repairs to their car and may also cover their medical expenses if they were injured in the accident.
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.
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.
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.
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.
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.
You can tell who caused an accident by:
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.
If you want to protect yourself on the road, protect the ones you love, and keep those around you safe, commit yourself to avoiding the three Ds: drunk driving, distracted driving, and drowsy driving. Any one of these situations can lead to car crashes, fatalities, and lives that will never be the same again.
When driving behind another vehicle at night, you should use your low beams. You should dim your headlights when within 500 feet of an approaching vehicle to prevent blinding the other driver. Similarly, lower your headlights when following closely (within 200 feet) behind another vehicle.
You should keep at least a 3-second following distance in good conditions, increasing to 4-6 seconds (or more) in bad weather, at night, or when driving a large vehicle, using the "one-thousand-one" method with a fixed road landmark to time your gap. This time-based approach accounts for varying speeds and gives you crucial reaction time to stop safely.
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.
What they won't tell you is that their primary job is to save their company money—often at your expense. Insurance adjusters are not your advocates. They're trained professionals whose performance is measured by how much they save their company. Every dollar you don't receive is a dollar their employer keeps.
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.