How is fault determined in a car accident?

Evidence and witnesses are key to determining fault in auto accidents. If the fault is not clear at the scene of the accident, there may be traffic cameras that recorded the accident. By reviewing the footage, a driver’s fault may be able to be assigned sooner than later this way.

How do insurance adjusters determine fault?

If the police do not decide who is at fault, or the insurance company disagrees, your insurance adjuster will investigate the accident and use the details to determine fault. The insurance company will use photos, maps, witness statements, medical records, and special algorithms to calculate fault.

Is the car behind always at fault?

Generally speaking, under California law, if someone hits you from behind, the accident is virtually always that driver’s fault, regardless of the reason you stopped. In that case, it is the driver of the third car who is at fault and against whose liability insurance you would file a claim.

Do police determine fault?

Fault in Auto Accidents. The police report, while valuable in the assignment of liability, does not ultimately determine who bears the fault for the accident. Your insurance company may look at the police report and other evidence they deem relevant and assign fault.

Does insurance pay if you are at fault?

If you live in a fault state, the person responsible for the accident will hold liability for anyone’s injuries. The other driver would file a claim with your insurance company, and you or your car insurance will pay for losses. In a no-fault state, however, each party’s auto insurance usually covers their losses.

Who is to blame in a car accident?

In most states, the party at the tail end of the car accident is considered responsible for the accident. Therefore, the majority of fault falls on the driver of the last car involved in the accident.