No one wants to be involved in a car accident but they are unfortunately quite common on roadways in the U.S. One of the most important items that will come up in the ensuing insurance claim or legal battle is fault. Most insurance companies will use the percentage of fault per person to determine who was responsible, a decision that will impact payout.
The way in which insurance companies render a verdict of fault, though, can change state-to-state and company-to-company. This is why learning the different ways insurance companies investigate accidents and determine who is to blame is crucial.
How Insurance Companies Investigate Car Accidents
Going to show the significance of car accidents from an economic standpoint, Florida car accidents cause over $10 billion in damages and that’s just one of 50 states. Given this, insurance companies put quite a bit of effort into investigating a wreck to determine whether or not a payout is warranted.
The general process that insurance companies follow is below:
- Collection of any accident reports from the scene along with witness statements given to police
- Examination of photographic or video evidence from the wreck
- Evaluating official medical records detailing injury information
- Speaking with those involved in the wreck to gather an account of what occurred
Most insurance companies attempt to complete the claims process within 30 days, which means the above steps occur fairly quickly. In unique cases where fault is more challenging to determine or accidents such as a hit-and-run, though, the timeline can become longer.
An ongoing police investigation can also reveal new facts, such as if a driver actually ran a red light, which may force an insurance company to reevaluate a claim.
The Factors Insurance Companies Consider
As mentioned, insurance companies will look at a variety of factors to determine whether you or someone else was responsible for a car accident. The most pertinent of those factors include:
- Police Reports: Police reports will contain unbiased recounts of what it looks like happened and will include witness statements and observations insurance companies can utilize
- Violation of Traffic Laws: Violations of traffic laws (e.g., running a red light, speeding, and more) can determine fault or invalidate an insurance claim and will be one of the first things an insurance company looks for
- Witness Testimonies: The importance of gathering credible witness statements to support fault claims cannot be overstated
- Physical Evidence: Any evidence, such as skid marks, vehicle damage, and accident site photos will reveal clues about the accident that insurance companies can use to determine fault
In general, the information you tell the insurance company will always be taken with a grain of salt compared to something such as a witness testimony or a police report. Given that you were involved with the crash you will be considered a biased party and, while adjusters will take to you, it will be more to see if your story aligns with their findings.
In addition to determining fault, some accidents may reveal hidden mechanical issues that weren’t immediately obvious. If you believe your vehicle has persistent defects after a crash, it’s worth learning what makes a car a lemon? to understand your legal options.
Comparative Negligence in Fault Determination
In many states around the country, damages are awarded based on the determination of fault via comparative negligence. This concept, which comes into play when both parties are responsible for the accident to a degree, splits up the level of fault on a percentage basis. The party receiving compensation is then awarded the sum minus their proportional level of fault.
Say, for instance, one person sues another for causing an accident which resulted in $100,000 worth of damages. If the plaintiff is found to be 30% responsible for the accident, but win the case, they would only receive $70,000.
The above is what is known as pure comparative negligence and is the most common across states. Modified comparative negligence, on the other hand, is far more strict and states that if you are more than 50%, sometimes 51%, responsible for the accident then you will recover $0 in damages.
The Role of an Insurance Adjuster
As alluded to earlier, an insurance adjuster is a major figure at your insurance company who will be influential in determining fault. This is the person who will be assigned to your case. They are responsible for reviewing all evidence, interviewing the parties involved, and making an unbiased assessment as to the fault percentage.
These professionals use company guidelines and industry standards in order to make this determination. Keep in mind, though, that will adjusters offer their opinion the final determination could still be influenced by the breadth of information and evidence that is collected.
What to Do if You Disagree with the Insurance Company
Naturally, there may be times where you feel the insurance company didn’t get all the facts or is just flat out wrong in their opinion. While this is a frustrating situation, you do still have options available to you. You should first gather as much additional evidence as possible including witness statements, independent photos, and even second opinions on the wreck.
With this new evidence in hand, look up the appeal process with your insurance company. Every company has a different process so you will either need to visit your policy page or call your provider. If you believe their verdict is grossly unfair, don’t hesitate to reach out to an accredited lawyer who can assist you with challenging their decision.
Navigating fault in car accidents
Understanding how car insurance companies determine who is at fault for an accident is crucial to understanding how much you will recoup when you submit your claim. From interviewing you and others involved to gathering evidence from the police, insurance companies investigate an accident thoroughly to ensure a payout is deserved.
By knowing how the above process works, you are now empowered to make informed decisions when speaking with insurance. Don’t be afraid to protect your rights either in the event you think you received an unfair verdict. Speak with an attorney as soon as you can to overrule your insurance company, and go so far as to file a lawsuit if you and your legal professional deem it necessary.
