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. The police are responsible for determining fault in most car accidents, but there are always exceptions to the rule. When police are called to the scene of an accident, they are required to file an accident report.
This report contains all relevant information, including the names of both drivers, the location of the accident, insurance information and their observations. If you go to court, the case will be decided by a jury, the supreme arbiter of fault. Supreme Court Cannot Change Facts as Jury Has Determined Them, Says Wickert. Most states have a “comparative fault standard,” which divides the blame.
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. There is also a “modified comparative fault standard”, which denies the most at fault party the right to charge something from the other party. In every car accident, someone will remain liable, also known as at fault.
Determining fault in a car accident involves identifying the negligent driver responsible for the accident. In most cases, it is easy to determine which driver acted carelessly because of his behavior while driving. The negligent driver will be liable for any injuries, property damage, and even death they have caused. Drivers involved in a car accident can decide who is at fault at the scene of the incident.
Drivers can accuse each other of causing the accident and, in some cases, a driver pleads fault. If you admit fault, you may have to take financial responsibility for the incident. If you're trying to prove your innocence, it's helpful to take pictures of the accident and get contact information for witnesses. You may also want to exchange insurance information with the other driver and take notes on what happened while you were waiting for the police to arrive.
Your insurer will determine fault by reviewing details about how the accident occurred. Review site-specific details, including photos and other physical evidence of damage. Adjusters take into account statements made by persons involved in the accident and compare them with third-party eyewitness statements, if available. They will also review the police report for details of the negligent driving actions of those involved.
In at-fault accident insurance states, the driver responsible for causing the accident will have to pay all damages, including medical expenses and property damage expenses. These shared fault rules will apply in the event that your car accident lawsuit reaches trial, but insurance adjusters also keep these principles in mind when negotiating a settlement after a car accident. A big exception is accidents in no-fault car insurance states, where injured drivers file a claim with their own auto insurance companies, regardless of who is at fault for the accident. But in cases where fault is in dispute and the stakes are high, it's a good idea to consider consulting an experienced car accident lawyer who can present your best case and work toward a fair outcome.
Two or more drivers involved in an accident may not want to admit fault, and witnesses that drivers don't know can give an account of what they saw and help determine who is responsible for the accident. That's why it's important to at least have an initial consultation with a car accident lawyer, whose assistance can be crucial to all phases of the car accident lawsuit process, including proof of fault. .