Determining fault can sometimes be a challenge, so there are different ways and methods used by insurance adjusters, police, and car accident lawyers alike. Here are some examples:
Eyewitnesses - Drivers involved in a car accident have the motive to claim innocence because money is at stake. For the most part, eyewitnesses do not, so their statements can have a powerful impact. Eyewitnesses can help establish the sequence of events, and their statements can support other evidence that is available. It can be compelling, especially when multiple witnesses share the same account of what happened. Still, eyewitness accounts are not always available. For example, your accident could have occurred in a rural setting or at night when few people were around.
Police report - Most states have laws that require law enforcement to be notified when a car accident occurs if there are any injuries or if property damage rises to a specific dollar amount. Police reports can be critical pieces of evidence because responding officers, much like eyewitnesses, rarely have a stake in the outcome and therefore are usually considered quite reliable. A police report will contain both facts and the opinion of the officer who investigates the car accident. They will document identifying information of those involved in the collision as well as witness contact information. Additionally, the police report should contain facts like the date, time, location, injuries, and property damage. Furthermore, the responding officer will take notes concerning any environmental conditions that may have contributed to the accident as well as their own opinion concerning the cause (or fault) of the accident.
While insurance company adjusters don't always rely on the opinion written in the police report to determine fault, if the evidence they personally observe coincides with the police officer's assessment, it can help support their own conclusion.
Vehicle damage - The extent of vehicle damage and the location of the damage can be used to determine fault in a car accident. For example, if your collision took place in an intersection, the area of the damage could be an indicator. Suppose you were hit broadside (or t-boned) at a four-way stop. The fact that you were hit on the side of your car could indicate that the other driver missed the stop and therefore was at fault for not observing traffic signs. Likewise, rear-end accidents are almost always the fault of the driver who was behind the other. However, in some cases, the lead driver could be at fault if they slammed on their brakes for no reason or recklessly muscled their way into a lane.
Still, you may be wondering, "How can I determine who is at fault in a car accident?" In most cases, the insurance company ultimately decides. If both parties are at fault, they also decide what percentage each party shares, which claims to pay out, and which claims to deny. Still, they are contractually obligated to conduct reasonably thorough investigations and negotiate in good faith. Suppose your insurer decides that the other driver is at fault. In that case, they will go after their insurance company to pay for your damages. However, having your own legal representation during this process is still advantageous, especially when you've been severely injured. While your own insurance appears to be looking out for your interests, they are effectively looking out for their own at the end of the day. You need someone to be 100% your advocate. Morgan and Morgan can help.