Got into an accident? How is the fault determined in such a case?

car insurance after an accident

Insurance companies must determine who was at fault after any car accident . Most times, it is easy to tell who is at fault especially in cases which involve a drunk driver in the accident. In other cases, determining fault may not be very clear. Auto insurance companies must collect evidence to determine the party at fault. They check the situation by evaluating property damage, injuries, police reports, etc.

The process involved

If the fault of an accident is not clear, there’s a lot that goes into determining faults. Both parties in the accident must provide a side of their own story about how the accident. Witness statements can also give relevant information to help with the final outcome. The statements along with physical evidence is key in determining the at fault party.
Once you file your claim your insurance provider determines how the accident occurred. Then they determine which of the parties contributed to the actual cause of the accident. One or both companies will then set a settlement amount. The provided amount covers the cost of the repairs for damages and injuries.
There are cases when more than one party is at fault in an accident. In such situations there is share among the insurance carriers. It could be equal or not depending on which of the parties is at fault. Your insurance provider needs to agree to cover the cost of damages if you are the cause of the accident.

What if the fault is unclear?

It may be difficult to determine the fault of the car accident if neither of the drivers admits to being at fault. Insurance companies depend on different report to determine fault when receiving contrading statements. Police reports or installed traffic cameras are very helpful tools in determining fault . Eyewitness testimony can help police or insurance company with their investigations. They also could help determine how the accident happened and who could be at fault.
Interviewing many eyewitness can help find out which driver is telling the truth. It is very important you get the eyewitness’ contact information. This is could be crucial if an insurance company requires their statement in the future.
Eyewitness plays a major role in auto accidents. If the fault is still not clear after talking to a few of them insurance providers resort to other methods. Methods such as viewing video clips or camera footage from the camera close by. Pictures of the car accident can help as well.  Seeking help from the police also goes a long way in determining the fault of the accident. Police officers have experience in investigating car accidents. Police officers usually will conduct an investigation of the accident scene. Based on injuries, skid marks, and damages they may be able to determine who is at fault.

Fault and no-fault states

This is a major factor considered in helping insurance companies determine who is at fault. If you live in a no-fault state, your insurance company will cover all expenses. This includes damages to your car and injuries regardless of who is at fault. In other words, who is at fault in an accident doesn’t matter.  If you live in an at-fault state, your insurance company will provide coverage based on who is at fault. The driver who is at fault bears payment for injuries and car repairs of the other party. With this, we hope you see how important it is to have car insurance of your own. There are several cheap car insurance coverages to choose from or you can opt for premium coverage. Most insurance providers are able to settle claims without the need for lawyers. If you feel your claim was not handled in a fair manner you can hire a car accident lawyer to help protect your rights.


Car Insurance Advisor content is not written by a licensed  insurance agent. It’s intended for informational purposes and should not be considered legal or financial advice. Consult a professional to learn what financial products are right for your situation