Insurance Company Adjusters Determine Fault in a Car Accident After Reviewing Police Report and Other Evidence. They can also ask you and the other driver questions about the collision to try to put together a reliable narrative of what happened. Most states have a “comparative fault” standard, which assigns fault. For example, if the other driver was responsible for 75% of the accident, you can make them pay three-quarters of the damages.
But the other driver could sue you for 25% of the accident he allegedly caused. The insurance company will use photos, maps, witness statements, medical records and special algorithms to calculate the fault. Any evidence you can provide from the scene of the accident will be helpful. Sometimes the damage to your vehicle will tell a simple story of a rear-end collision or a left-turn accident where the fault is clear.
In most cases, insurance companies will determine who is at fault according to the state laws where the incident occurred. And they will also review the facts related to the accident to determine who was negligent. The fault can be assigned to the party who was the most negligent or who most violated state laws when the accident occurred. However, all parties often share some responsibility for a collision.
In some cases, drivers, police or insurance companies cannot determine fault. In these cases, you have several options. Some drivers choose to resort to arbitration, which is a means of resolving the fault without going to court. A neutral referee is chosen to decide the percentage of fault each driver has.
Every claim filed with an insurance company is assigned to an insurance adjuster. It is the job of the adjuster to review the accident, supervise the investigation of its causes and manage the settlement of the claim. The main question the adjuster will try to answer is which party was at fault for the accident. To arrive at this answer, an insurance adjuster can review the police report, talk to both drivers, contact eyewitnesses, and examine medical records.
Insurance adjusters also examine damage inflicted on vehicles. If you feel that you are being wrongfully blamed for an accident, it's definitely time to consult a car accident lawyer. Make sure you get a police report afterwards, it can really help insurance companies determine who was at fault in the car accident. The officer will interview drivers and witnesses about the car accident in the hope of putting together an accurate account of what happened.
In the previous case, car A was found to be 70 percent negligent, which would cause insurance company for car A to pay up to 70 percent of the repairs and medical costs of car B. A New York Car Accident Lawyer Can Help You Recover Maximum Compensation for Your Injuries and Property Damages After an Accident. It is useful if you can take pictures of the accident safely, before the cars leave traffic. It can be difficult to prioritize your actions and figure out what to do after a car accident that isn't your fault.
It's not unusual for more than one adjuster to be involved in the process because each driver's insurance company will select an adjuster to investigate the car accident. In at-fault accident insurance states, the driver responsible for causing the accident will be required to pay all damages, including medical expenses and property damage expenses. So what does an “at-fault accident” mean under the law and how do insurance companies determine fault? Let's clear up the confusion and dive in to help you figure out who is to blame for a car accident. Insurance claims are becoming easier to file, including virtual car insurance claims accompanied by images of the accident.
Auto insurance companies use state laws and accident details to determine who is at fault in a car accident. The driver of car A could be found negligent by 70 percent and car B would be considered negligent by 30 percent. In addition, victims of car accidents should avoid making statements to the insurance adjuster without first discussing the matter with a car accident lawyer. If you are found at fault in a car accident or are found to have been negligent in a car accident, try not to be too hard on yourself.