Explaining How Fault Is Determined After A Car Accident

How To Determine Fault

Insurance companies usually use a claims adjuster's investigation to determine who is at fault in an automobile accident.

Adjusters acquire information through witness interviews, physical evidence inspections, and police report reviews in order to assign blame. They employ this data analysis to determine which driver was at fault for the collision. 

Let’s explore the steps that the adjuster takes to identify fault below:

Witness Statements

Both insurance companies involved will want to interview anyone who saw the accident. These interviews can be conducted by phone or in person and are essential for gathering accurate details about the incident.

Ultimately, your insurance company will determine fault based on the evidence collected and applicable state negligence laws.

Police Reports

You will be required to fill out an accident report as soon as the police show up at the scene of the collision. Comprehensive facts concerning the collision, including statements from all individuals concerned, the accident's cause, and other pertinent information, should be included in this record.

Building a solid case and maybe getting just recompense for your damages depends on you giving the police a complete and truthful account of what happened.

Physical Evidence

Evidence such as photos, videos, and information from the other driver is crucial in determining fault and fair compensation. This evidence helps assess property damage, injuries, and other factors. Thorough documentation is essential for calculating a fair settlement.

If the insurance companies cannot agree on fault, the claim may escalate into a lawsuit.

No-Fault States vs. At-Fault States

Certain jurisdictions have a no-fault system in place, although the majority of states employ fault to assign accountability for an accident. There are several states where drivers can select between no-fault and at-fault insurance.

The ways in which state laws address compensation following an accident differ greatly. The system in place in the state and the insurance company's determination of fault will determine how much you can recover.

The main distinctions between no-fault and at-fault states will be discussed in this section.

At-Fault States

In at-fault states, the driver causing a car accident is responsible for the damages inflicted on others. An insurance adjuster investigates the incident to determine fault based on the evidence. The at-fault driver's insurance typically covers the victim's medical bills, lost wages, and property damage.

These states include:

• Washington

• California

• Georgia

• South Dakota

• Texas

• Arizona

• New Mexico

• Nevada

• Colorado

• Oklahoma

• Illinois

• Michigan

• Indiana

• Ohio

• Alabama

• Louisiana

• North Carolina

• South Carolina

• West Virginia

• Virginia

• Washington D.C

• Maryland

• Delaware

• Connecticut

• New Hampshire

• Vermont

• Maine

• Wisconsin

• Iowa

• Missouri

• Arkansas

• Tennessee

• Nebraska

• Wyoming

• Montana

• Idaho

• Oregon

• Alaska

• Mississippi

No-Fault States

States that are not at fault function differently from states that are. Regardless of who caused the accident, accident victims in a no-fault system generally rely on their own insurance coverage for reimbursement. This implies that the victim's insurance, not the at-fault driver's, will pay for both economic and non-economic damages. No-fault states require all drivers to maintain a minimum level of Personal Injury Protection (PIP) coverage in order to handle this.

States with no-fault laws include:

• Utah

• Minnesota

• North Dakota

• Michigan

• Kansas

• Florida

• New York

• Hawaii

• Pennsylvania (Choice No-Fault)

• Kentucky (Choice No-Fault)

• New Jersey (Choice No-Fault)

Drivers in Kentucky, Pennsylvania, and fresh Jersey have the option of choosing a fault or no-fault coverage; however, they will have to make a fresh decision when their plans are up for renewal. 

Different Types Of Negligence 

Accidents can be caused solely by one driver, in which case they are responsible for compensating the other party. However, accidents often involve shared fault, requiring courts to determine liability based on state laws. These laws vary widely, including:

Modified Comparative Negligence

Under modified comparative fault laws, you cannot recover any damages from the other driver if you are more than 50% responsible for the accident. Additionally, you cannot file a claim at all if you are found to be 50% or more at fault.

States with these laws include:

• Delaware

• Kansas

• Hawaii

• Montana

• Minnesota

• Nebraska

• Oklahoma

• Ohio

• Idaho

• Connecticut

• Colorado

• Georgia

• Illinois

• Indiana

• Maine

• Iowa

• North Dakota

• New Hampshire

• New Jersey

• South Carolina

• Wyoming

• West Virginia

• Texas

• Pennsylvania

• Tennessee

• Utah

• Vermont

• Wisconsin

• Oregon

Contributory Negligence 

Under pure comparative negligence, you cannot recover any damages, regardless of how little fault you bear. To receive compensation, you must prove that you were entirely blameless and the other party was completely responsible for the accident and your damages.

States with this law are:

• Maryland

• North Carolina

• South Carolina

• Virginia

• Alabama

• District of Columbia

Comparative Negligence

Comparative negligence laws distribute responsibility for damages based on each party's contribution to the accident. If one driver is found to be more at fault than the other, they are financially responsible for a proportionally larger share of the damages.

States with this law include:

• Mississippi

• New Mexico

• Rhode Island

• Washington

• California

• Florida

• Arizona

• Alaska

• Kentucky

• Louisiana

• Missouri

Contact Our Accident Lawyer

Our skilled auto accident lawyers will work to get you compensated for all of your losses, including missed income, emotional distress, hospital expenses, property damage, and irreversible disabilities. Take advantage of a free consultation to discuss your case with one of our knowledgeable attorneys. We at Car Wreck Doctor will take care of every facet of your claim since we care about your wellbeing. Set up a free consultation right now. You do not pay unless we prevail. We'll walk you through every step of the procedure.