No one wants to be involved in a car accident, yet most people will be at some point in their lives. If you find yourself in this position, it is likely that an insurance adjuster is going to end up telling you whom they believe is at fault.
It is common for clients of Law Offices of Fernando D. Vargas to ask us: how does an insurance adjuster determine fault in a car accident? Keep reading to find out how they assign fault and what you can do if you do not agree with their assessment. You can contact us at 909-982-0707 right away if you are in need of a free legal consultation.
The Police Report Will Be the Starting Point
Many people assume that the police report is the beginning and end of the fault decision process, that if the police report says that one person was at fault, then that is the person who will be held liable. It is not quite that simple. While the police report will likely include much of the information necessary to determine fault, it will not generally have all the information – and it might not even have accurate information.
There Are Many Acts of Negligence That Can Determine Blame
If one party was acting negligently, then they can be found partially or entirely at fault for the accident. Negligent actions include speeding, driving while drunk or under the influence of drugs, not obeying traffic laws or road signs, driving recklessly, and others. However, when one of these acts of negligence is not clear, the adjuster might refuse to offer a fair settlement – or any settlement at all.
Insurance Adjusters Will Look at a Number of Factors to Determine Fault
In addition to the police report, the insurance adjuster is likely to look at what both parties said about the accident at the scene and after it, the damage done to all involved vehicles, proving negligence, and the statements made by any eyewitnesses. These are in fact the same factors your attorney will use, but your attorney is on your side while the insurance adjuster is there to protect one entity: the insurance company.
More than One Party Can Be at Fault
It is important to keep in mind that there is not always just a single at-fault party. In many cases, two or more drivers will hold some responsibility. When this happens in California, our personal injury laws allow for more than one party to recover compensation in accordance with their percentage of fault. For example, if you are 50% at fault for an accident, you could still recover 50% compensation for your damages if another party is also 50% at fault.
If you want to know what your best legal options are considering your current situation, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
