You might believe the other party clearly caused an accident, making fault determination seem straightforward. However, the insurance company might conclude that you were at fault.
This can leave you wondering: How exactly does an insurance company decide who was at fault for a crash?
Insurance companies rely on specific evidence to make their determination. While the process may appear simple, it involves carefully examining the details of the crash and analyzing what happened. However, if the insurer deems you at fault, you can lose your right to compensation.
This is why you need a car accident lawyer. A lawyer can explain how the decision-making process works and protect your right to the compensation you deserve. Read on to find out how.
The Basics of Fault Determination
Fault determination is the process by which insurance companies decide who caused an accident and, consequently, who should be financially responsible. This decision directly affects how insurers pay claims and whether your insurance premiums will increase.
Insurance adjusters investigate each accident using a combination of the following:
- Adjusters check if anyone broke a rule, like running a red light or speeding. A ticket or citation usually points to the at-fault party.
- The location of damage on the vehicles, such as a rear-end collision, can suggest who failed to stop or yield.
- Independent accounts from people at the scene can sway the decision, especially if stories conflict.
- Weather, road hazards, or visibility issues might shift blame if they contributed to the crash.
- Signs of driver distraction, intoxication, or recklessness weigh heavily in fault rulings.
These elements are pieced together to create a narrative of how the accident happened. However, this narrative may not always reflect the full truth, especially if you provide incomplete information or the insurer interprets it incorrectly.
That’s why consulting a car accident lawyer early in the process can present your side of the story clearly and accurately.
The Role of Evidence in Determining Fault
Evidence is the cornerstone of any fault determination. Insurance companies will carefully review all available documentation and media to reconstruct the events leading up to the collision. Some common types of evidence include:
- Police Reports: These include statements, diagrams, and sometimes citations.
- Photographic and Video Evidence: Pictures of vehicle damage, skid marks, and road signs can provide objective insights.
- Eyewitness Accounts: Third-party witnesses can offer unbiased perspectives, especially in disputed cases.
- Vehicle Damage Reports: The location and extent of damage can help determine how the impact occurred.
While this evidence is helpful, it must be interpreted correctly. Insurance adjusters are trained to do this, but they do not represent your interests. A personal injury lawyer, on the other hand, works solely to defend your position and can challenge incorrect or biased findings.
Legal Standards and Traffic Laws
Insurance companies rely heavily on local traffic laws to support their decisions. These laws help define what constitutes negligence or reckless behavior. For instance, if a driver ran a red light or was speeding, this behavior usually indicates fault.
However, interpreting these laws in the context of a specific accident isn’t always a straightforward process. Factors such as weather, visibility, and signage can all affect liability.
A lawyer can interpret the law and demonstrate how it applies or doesn’t apply to your unique case.
How Adjusters Assign Fault Percentages
In many personal injury cases, fault is not black and white. Insurance companies may assign a percentage of fault to each driver involved in the accident.
For example, under Illinois’s modified comparative negligence system, if you are 51 percent or more at fault, you may not recover any compensation. If you are less than 51% at fault, your compensation will decrease to reflect your level of fault.
Because this calculation is so important, it’s always advisable to have a lawyer who can push for a fair allocation of fault. A lawyer can help you highlight factors in your favor or dispute unfair assumptions. They can also help gather additional evidence, negotiate with the adjuster, and ensure the determination is as favorable as possible.
The Importance of Legal Representation
Perhaps the most important factor in managing the fault determination process is having the right legal support. A personal injury lawyer has a solid understanding of insurance practices, state laws, and evidence evaluation.
Sadly, insurers don’t always get it right. This is because they are primarily concerned with minimizing their financial liability and maximizing profits. They may reach unfair decisions regarding fault, or they can deny your claim outright.
At this time, you need to secure legal representation to push against the denial. If you are found to share some blame, they can argue to lower your percentage of fault by presenting evidence the insurance company might overlook.
Personal injury attorneys have the resources needed to challenge faulty conclusions. They might hire accident reconstruction experts to recreate the scene to prove your version of events. They can also negotiate with the insurers to ensure you’re not unfairly blamed or underpaid.
If the case escalates, a car accident attorney can represent you in court and try to turn a faulty conclusion into a fight for justice. An attorney’s involvement in your case may shift the outcome, ensuring you’re not left sorting through the wreckage alone.
Take Steps To Protect Yourself After an Accident
Insurance companies follow established protocols to decide who is at fault, but incomplete evidence or biased assessments may influence their decisions.
Unfortunately, fault determination affects everything from claim payouts to future premiums. Insurance companies follow specific procedures, but their findings may not always align with the facts. Therefore, hire a seasoned personal injury attorney to manage this process with confidence and clarity.
If you’re dealing with an accident, don’t let the insurance company’s word be final. A personal injury attorney can review your case, challenge unfair fault findings, and guide you through disputes or negotiations. Reach out to a legal professional today to protect your rights.
Adam B. Lawler
Attorney at Law / Partner
Adam Lawler is the founder of Lawler Brown. Adam is a 2004 graduate of Saint Louis University School of Law. Adam worked for a local firm until founding the Lawler Brown in 2009. Adam’s practice areas focus in Personal Injury, Business, Real Estate, Probate/Trust/Estate Administration and general litigation.
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