How do insurance companies decide who is at fault?

Asked by: Nikki Watsica  |  Last update: January 26, 2026
Score: 4.2/5 (16 votes)

Insurance companies decide fault by having adjusters investigate, gathering evidence like police reports, photos, videos, and witness statements, and applying state traffic laws and negligence principles to reconstruct the accident and assign liability, often using comparative fault rules where blame can be shared.

How does the insurance company decide who is at fault?

Evidence is the cornerstone of any fault determination. Insurance companies will carefully review all available documentation and media to reconstruct the events leading up to the collision. Some common types of evidence include: Police Reports: These include statements, diagrams, and sometimes citations.

How do you prove it's not your fault?

How to Prove an Accident Wasn't Your Fault in 5 Steps

  1. Gather Evidence from the Scene. Documentation from the crash site is essential for illustrating who's at fault. ...
  2. Contact Witnesses. ...
  3. Get the Police Report. ...
  4. See a Doctor. ...
  5. Consult with an Attorney.

How do insurance adjusters determine who is at fault?

The adjuster will gather details about the accident. This may include reviewing the police report, interviewing involved parties and assessing photos of damage. Based on their review, the adjuster works with the insurer to determine who's at fault for the accident.

How do you determine who's at fault in a car accident?

The location of damage can provide key clues about who was at fault in a car accident, but it's rarely the sole deciding factor. Rear-end and side-impact damage patterns often point to fault, but witness statements and other evidence can also be crucial.

How Do Insurance Companies Decide Who Is At Fault? - InsuranceGuide360.com

24 related questions found

Why should you never admit fault in a car accident?

You may not even think you have admitted fault for the accident, but the insurance company will act like you have. Then, it can be much more challenging to win your case, and you may have to overcome your own words to receive any compensation whatsoever, and especially a full-size check for your injuries.

What not to say to an insurance claim adjuster?

Avoid any admissions of fault or liability when talking to your adjuster. Such statements can be used to shift blame, potentially decreasing the amount you might be compensated. Instead, focus on describing the damage and the events as they happened, without inserting personal opinions about who might be at fault.

How to know who is wrong in a car accident?

Analyzing Physical Evidence to Determine Liability

  1. Skid Mark Analysis. ...
  2. Debris Fields. ...
  3. Vehicle Damage Patterns (The Physics) ...
  4. Traffic Citations and Negligence Per Se. ...
  5. Event Data Recorders (EDRs/Black Boxes) ...
  6. Dashcam and Surveillance Footage. ...
  7. Cell Phone Records. ...
  8. Rear-End Collisions.

What are common reasons to deny claims?

10 Common Reasons Health Insurance Claims Are Denied

  • Lack of Medical Necessity. ...
  • Coverage Deficiency. ...
  • Incorrect or Incomplete Information. ...
  • Pre-Existing Conditions. ...
  • Out-of-Network Providers. ...
  • Failure to Obtain Prior Authorization. ...
  • Policy Exclusions. ...
  • Exceeding Coverage Limit.

What happens if the other driver does not admit fault?

If the other driver won't accept blame

As well as taking verbal statements from the driver, the team could ask to look at any of the following additional evidence: images of damage on the vehicles. CCTV of the accident. witness statements.

Am I at fault if I hit a car in front of me because he slammed on his brakes very suddenly?

It is illegal to slam on your brakes for no reason. That is considered reckless driving. But, it's also illegal to follow someone at a distance where you cannot avoid a wreck if the car in front of you needs to come to a "sudden stop." In your scenario, both drivers would likely be blamed.

How long do insurance companies take to determine fault?

Once you've filed the required documents, they typically have 30 days to investigate and decide. In some cases, insurers can request an extension of up to 45 days, but they must provide a written explanation for the delay, including the reasons and the expected completion date.

How do insurance companies work out who is at fault?

Insurers gather evidence from multiple sources, including driver statements, witness reports, police documentation, dashcam or CCTV footage, telematics data, and independent engineer assessments. Together, these help confirm what happened and who was responsible.

Who usually determines which party is legally responsible for an auto accident?

An insurance company representative usually decides who is at fault for an auto accident. Each driver's insurer determines if they owe damages under their insured's liability policy. They conduct an independent investigation, often using a police report as a formal record of documented parties and facts.

How can you tell who caused an accident?

You can tell who caused an accident by:

  1. The points of impact on each involved vehicle.
  2. The investigative notes detailed in the crash report.
  3. Statements from independent witnesses.
  4. Your medical records regarding your injuries.

What to do when someone lies about a car accident?

Immediate Steps to Take If the Other Driver Is Lying

If the other driver is lying, quick action can protect your accident claim. Call law enforcement so that a police officer can create a police report and record details. Seek medical attention right away to document injuries, pain, and medical bills.

How do you prove an accident wasn't your fault?

Calling the police after a car accident that was not your fault can provide you with a police report, which is crucial documentation that can substantiate any claims you may have for damages or injuries.

What is the 80% rule in insurance?

Insurance providers use the 80% rule for home insurance as a way to determine whether or not a policyholder receives full coverage. The 80% rule states that the policy must cover at least 80% of the property's total replacement cost, which would be the amount that it would take to rebuild the house from the ground up.

What insurance adjusters won't tell you?

What they won't tell you is that their primary job is to save their company money—often at your expense. Insurance adjusters are not your advocates. They're trained professionals whose performance is measured by how much they save their company. Every dollar you don't receive is a dollar their employer keeps.

What tactics do claim adjusters use?

10 Tactics Insurance Companies Use to Deny and Devalue Claims

  • CALLING YOU VERY SOON AFTER AN INJURY.
  • ASKING YOU TO GIVE A RECORDED STATEMENT.
  • ASKING YOU TO SIGN A MEDICAL AUTHORIZATION.
  • OFFERING A QUICK SETTLEMENT IN RETURN FOR A SIGNED OR VERBAL RELEASE OF YOUR CLAIM.
  • DENYING LIABILITY, EITHER COMPLETELY OR PARTIALLY.

What are red flags for insurance companies?

If you run into any of these techniques, it's a red flag that you need a personal injury attorney to help push your claim through.

  • A Claim Is Denied Without a Reason. ...
  • Stalling Techniques Keep You In Limbo. ...
  • They're Too Quick to Offer a Low Settlement. ...
  • They Bury You in Paperwork. ...
  • You're Pressured to Sign Something.