how do insurance companies decide who is at fault
If you sustained injuries and/or vehicle damage in an auto accident that was not your fault, you can file an auto insurance claim against the at-fault driver’s insurance provider. However, even if you did not cause the auto accident, there’s no guarantee that the auto insurance company will pay your claim. Insurance companies will conduct their own investigation to determine liability and will deny a claim or pay a claimant based on their findings.
How Insurance Companies Determine Who Caused the Accident
An insurance adjuster will review the details of the accident and all available physical evidence, to determine which driver was at-fault.
Evidence can include:
- The crash report/police report
- Photos of the accident scene, bodily injuries sustained in the accident, and vehicle damage
- Video surveillance footage, if available
- Eyewitness testimony
- Statements made by all parties involved in the collision
- Medical reports/medical records
- Medical bills
- Estimates for personal property damage
- Vehicle repair shop estimates
- Any traffic citations issued for traffic violations
Crash Reports
An insurance company will take the information in a crash report, also referred to as an accident report, or collision report, under careful consideration. The information in a collision report gives the insurance adjuster an objective look at the auto accident. While a law enforcement officer was not present when the accident occurred, they will conduct their own investigation, interview each motorist, and gather important information that will help them determine how the accident occurred and which driver was at fault.
Evidence Gathered from the Crash Scene
If one or both drivers gathered evidence from the scene of the accident, an insurance company will review it to help determine fault. They may also obtain evidence from the other driver’s insurance company.
Eyewitnesses
If there were any eyewitnesses, an insurance adjuster will contact them to get their account of how the accident occurred and which driver appeared to be at fault.
Accident Environment
An insurance adjuster will evaluate the time, day, and location of the accident and take other factors into consideration. Road conditions, construction, weather conditions, or dangerous intersections can also play a role in auto accidents.
Determining Fault
An auto insurance company determines which driver is at fault according to state laws and based on the findings of their investigation. An insurance adjuster will review the facts of a claim, including all the available evidence, to determine which motorist was negligent. An insurance agent will then assign fault to the driver who was in the greatest violation of state laws or the most negligent.
Pure Comparative Negligence Laws in California
An insurance agent will first look into state laws and how a state views fault. California is a pure comparative negligence state.
California’s pure comparative negligence laws allow a plaintiff to recover compensation even if their negligence is found to be greater than the other driver’s negligence. With this system, a defendant is only liable for their percentage of fault. An accident victim can still recover damages, but these damages will be reduced based on their percentage of fault. The way a state interprets negligence in an accident is important since it impacts how an auto insurance claim is paid. In some cases, the fault may be shared by both drivers. When both motorists acted negligently and this negligence caused an accident, a percentage of fault is assigned to each driver.
An Example of Shared Negligence
An insurance company representative must carefully investigate an accident to determine negligence. However, if both drivers were negligent, the insurance adjuster must then assign a percentage of fault to each driver. For example, if vehicle A was speeding, turned left through an intersection, and collided with vehicle B, which was traveling in the opposite direction and also driving over the speed limit, vehicle A would be assigned a higher percentage of negligence than vehicle B. If vehicle B files an insurance claim with vehicle A’s insurance carrier, they will receive compensation based on their percentage of negligence.
Bad Faith Investigations
When you file a claim, an insurance company must conduct an investigation to evaluate the validity of your claim.
Some insurance companies will engage in bad faith during an investigation process to deny the claimant the damages they’re owed.
The idea behind investigating an accident is to gather evidence and determine if a claim is valid so the accident victim can receive compensation for their damages. A nonexistent or faulty investigation is one that is conducted in bad faith. If an insurance company fails to investigate an accident in a timely manner after a claim has been filed, or if it neglects its responsibilities in other ways, you need to seek legal representation as soon as possible. An insurance company that uses an investigation only to determine ways they can deny your claim is acting in bad faith. An accident lawyer can protect your claim and fight for your right to fair compensation.
How Long Does it Take an Insurance Company to Investigate an Accident Claim?
On average it will take an insurance adjuster thirty days to investigate an accident claim. If there’s a reason the insurance adjuster is unable to complete an investigation within thirty days, they must provide a written explanation concerning why the investigation has been delayed. They must continue to provide a written explanation every forty-five days and explain the cause for the delay. Keep in mind, that just because the investigation is taking longer than thirty days does not necessarily mean the insurance company is acting in bad faith. Complex claims, such as claims that involve multiple parties or accidents that involve catastrophic injuries can take longer to investigate. However, if you’re concerned the insurance company is acting in bad faith, you must contact a personal injury attorney as soon as possible.
Contact Lem Garcia Law Today
If you were involved in an auto accident that was not your fault and an insurance company has denied your claim, or they are refusing to pay you the compensation you deserve, you must seek legal counsel as soon as possible. The auto accident attorneys at Lem Garcia Law can help you pursue fair compensation for your damages. At our law office, we offer free case strategy sessions. If you’re not sure if you have a valid claim or you’re overwhelmed and frustrated with an insurance company that’s trying to intimidate or take advantage of you, schedule a free, no-obligation consultation with a personal injury lawyer today. We can answer all of your questions and explain your legal rights and options. Even if you decide not to work with our firm, you will still leave our law office knowing exactly what your legal rights are.
If you do decide to hire an accident lawyer, they will handle every aspect of your case, from investigating your accident and working with experts to prove liability and accurately value your claim to taking over all interactions with the insurance adjuster, and effectively negotiating a fair settlement. Don’t put off taking legal action. Contact our law office today to get started.