How to Determine Fault After an Accident

In some accidents, the fault of the accident is plain, such as a car running a stop sign and colliding with a vehicle driving along the through street. In other cases, who is at fault is not as clearly defined, or the blame of the wreck is divided among several parties. Where there is no clear fault to be placed, it is up to law enforcement officers or insurance adjusters to reach an agreement of how much fault will be shared by each of the parties involved.

Most states use a form of comparative fault for insurance purposes, but other states use what is known as proportional fault, and still other employ no-fault insurance that requires each person’s insurance to pay for their own damages and injuries. Talk to your insurance company to find out how the fault of an accident is decided in your state.

Where proportional fault is used, the injured person must be less than 51% at fault for the accident in order to be eligible to receive damages in the accident. That means that you can receive money for injuries and damages as long as the other driver was more than 50% at fault, but you are not entitled to the same costs if you were equally at fault or more so than the other driver.

Your insurance adjuster will attempt to resolve the fault division for the accident based on the police report and any witness statements that may be available. If you disagree with the adjuster’s assessment, you have the right to file an appeal in the case, but it must be noted that such an appeal is generally an uphill fight and insurance companies stick behind their adjusters. If you are not satisfied with how your insurance company has handled a claim, look for better coverage that more closely fits your needs by comparing car insurance quotes online.

Posted in Car Insurance, Insurance.