How Does the Insurance Company Determine Who Is at Fault?
Are you dealing with an accident case? Then you may wonder how the insurance company determines who is at fault? This article describes how to determine it.
Generally, after an auto accident, the first concern would be who is at fault. Usually, to determine the guilt, the insurance company uses some tactics and asks some questions to both parties. After that, depending on the situation, the settlement will be determined.
There are also some fault determination rules by the insurance company that will help you understand how it happens.
Here's we will discuss how the insurance company determines who is at fault. Let's start.
How an insurance adjuster tries to review a case?
When an auto accident takes place, you may claim compensation from the insurance company. In that case, the insurance company will assign an insurance adjuster for your case. The first and foremost thing that the insurance adjuster will do is review your incident.
They will oversee and review your accident and damages. And in some cases, the insurance adjuster will also ask you some basic questions to find out the guilt of the accident. Sometimes, they will collect all the necessary documents such as police reports, testimonies from the eye-witnesses, speech from both drivers, and others.
In some cases, they also can re-examine your damaged car too. It helps them to understand the depth of the accident. When all those necessary reports and reviews are there, the insurance adjuster will cross-examine the evidence.
After that, they will try to determine who is at fault. And this is how you will be entitled to the settlement you deserve.
How an insurance adjuster finds out if there is any negligence?
The legal definition of negligence varies depending on which state you live in. But this factor plays a huge role in determining which party is guilty. That is why the insurance adjuster tries to use this factor to determine the guilt.
Generally speaking, negligence refers to when an individual driver fails to maintain any further cautions that cause the accident. And this thing can happen with both drivers too. In that case, both parties will be liable for the accident.
Usually, the insurance adjuster will oversee any violations of traffic rules or regulations. After that, they will scrutinize all the data found by the police and eye-witnesses. Additionally, sometimes over speed also can be considered as negligence. This is how the insurance adjuster will find out if your case has any negligence factors or not.
How does the police report help to determine the fault?
Usually, after the accident, the police will review and oversee the scenario. Then the police will create a police report that will describe the accident scene in detail. In that case, there are mainly two jobs that the responsible police officers will do. They are:
- They will make sure if anyone is injured and if anyone needs any medical assistance,
- They will try to review the accident scene and find out who is guilty.
After doing these, they will create detailed accident reports containing all the necessary information about the accident. It can include the accident time, driver's information, accident causes, verbal testimony of the eyes witnesses, etc.
In some cases, the police will also try to investigate if any driver was under the influence of drugs. And they will note down some special circumstances like overspeeding, reckless driving, using cell phones, not following the traffic rules, negligence, and so on. All those factors help the insurance company determine the accident's guilt.
How can you avoid being found guilty?
Despite following all the traffic rules and regulations, bad and undesirable incidents can still happen with you. In some cases, you also can be the victim of the situation. As a result, you may be found guilty even if you do not have any faults. In that case, you may wonder how you can avoid being found guilty.
So, there are certain things that you can do and maintain. First and foremost, after an accident, you should try to take as many pictures as you can of the accident. These pictures will help you as strong evidence to back up your claim. After that, try to take the testimonies from the eye-witnesses.
When the police come to the accident scene to make the report, try to give the police as much information as possible. And try to describe your situation clearly and what exactly happened in the accident.
Besides, when the insurance adjuster reviews your case, you need to explain the incident with proper evidence and police reports. Thus, you may avoid being found guilty. You can also seek help from a professional accident lawyer to assist you.
How can a professional accident lawyer assist you?
No matter what you did in the accident, it is quite common that both parties will point their finger at each other. Because no one wants to take the liabilities of the accident, and when it is proven that you are guilty, you may need to pay the compensation to the other party.
That is why it is better to be safe than sorry. To avoid being guilty, you can follow the methods mentioned above. But it will be easier for you if you take help from a legal accident lawyer. In that case, you do not have to do anything. Instead, the lawyer will do everything for you.
Starting from collecting the evidence to claim the settlement from the insurance company, the lawyer will do that for you. Also, if your case goes up to court, a lawyer can represent your case on behalf of you. This is how a professional accident lawyer can help you in an accident case.
Every day, there are so many car accidents occurring worldwide. It is also becoming a very common phenomenon. You, as a driver, also can be the victim of a car accident. If you or your loved one ever are involved in such an incident, you should be strong with your position.
You should try to gather as much evidence as you can. Sometimes, eye-witnesses also can help in this regard. Most importantly, hiring an accident lawyer would be much better and easier for you if you can hire it.
A professional legal accident lawyer will make sure the right amount of settlement from the insurance company that you deserve. Hopefully, this writing helped you understand the answer to the question 'How does the insurance company determine who is at fault.