Following a car accident, insurance adjusters investigate what happened and decide who they believe is legally responsible. Understanding how adjusters determine who is at fault can help you protect your rights, especially if you are unfairly blamed for a crash you did not cause.
Having a car accident lawyer on your side after you suffer serious injuries in a collision ensures you have someone familiar with these cases to guide you. They will represent your best interests, including disputing fault and filing a lawsuit on your behalf when necessary.
What Is the Role of an Insurance Adjuster?
An insurance adjuster, sometimes called a claims adjuster, is an insurance company employee whose job is to investigate claims. Their job is to look at the evidence to determine what happened, who is at fault, and how much the claim might be worth.
Both your insurance company and the other driver’s insurance carrier have claims adjusters. Usually, the at-fault driver’s insurance carrier is the one investigating who caused the accident and assessing the potential value of a case.
Understanding the Process Used to Determine Fault
Insurance adjusters use a combination of different types of information and evidence to figure out who is at fault. Steps they take could include:
Reviewing the Police Report
Police reports often play a crucial role in determining fault. The responding law enforcement officer files this report with information gathered at the scene. The report could contain:
- Basic facts about the collision, such as the location and when it occurred
- The officer’s observations, possibly including their determination of fault
- Statements from each driver and any witnesses
- Diagrams of the accident and each vehicle
- Any citations issued to any involved parties
- Names and contact information of the involved parties and witnesses
- Insurance information for each driver
While they can be challenged, the police report is often one of the most important pieces of evidence in these cases. The observations of police officers often carry a lot of weight for adjusters and jurors if the case goes to trial.
Examining Photographs and Videos
Photos from the accident scene are common evidence that provides insight into what happened. Even better, a video of the crash can offer a peek at exactly what occurred. Video may be available from dashcam footage, traffic camera recordings, or surveillance video from a nearby business.
Photos or videos also provide a way to see:
- Vehicle positions and damage
- Road conditions
- Traffic signs and signals
- Weather concerns
Interviewing Witnesses, Drivers, and Passengers
Adjusters speak to the drivers, passengers, and eyewitnesses to understand what they saw and experienced. They listen to see how each party describes the sequence of events and what occurred. This helps them determine the cause of the crash.
When you receive a call to talk to an insurance adjuster, you should speak with an attorney first. You are not under any obligation to give a recorded statement to the other driver’s insurer. The adjuster can use anything you say to argue that you were partly or fully at fault.
Applying State Law and Traffic Rules
Most accidents occur because a driver violated a traffic law, and this led to a crash. The adjuster will need to consider which driver violated their duty of care as a driver. To do so, they will likely ask questions such as:
- Which driver had the right of way?
- Did one driver run a red light?
- Did the driver fail to leave adequate stopping distance (i.e., were they tailgating)?
In states with no-fault laws, they may also consider whether the victim suffered injuries that meet the state’s “serious injury threshold.” This is the severity of injuries they must have to go outside the no-fault laws and sue the at-fault driver directly. Each state has its own laws. For example, Florida outlines its definition of serious injury in Florida Statutes § 627.737.
Considering Contributing Factors
Insurance adjusters may also look at other contributing factors that could indicate shared fault. Was the victim distracted because they were on a phone call? Did the at-fault driver’s car have a mechanical failure? Was the victim speeding? In some cases, the adjuster may determine that the parties share blame. If so, they will determine the percentage of fault held by each party.
Why Does Fault Matter in a Traffic Accident Case?
Most states have fault-based car accident laws. This means fault is determined for each crash case. The victim can hold the at-fault driver legally responsible regardless of the severity of their injuries or losses.
Other states have no-fault laws. In these states, each party’s own personal injury protection (PIP) coverage pays for the medical bills and lost wages up to the policy maximum. This occurs regardless of who caused the crash.
However, if the injuries are serious, they can pursue a fault-based claim or sue the at-fault driver. In addition, at-fault drivers are generally responsible for property damage that occurs in a crash, even in no-fault states.
Can You Dispute an Adjuster’s Fault Determination?
If the adjuster’s determination is incorrect and blames you or assigns too much fault to you, your attorney can help you challenge the determination by:
- Providing additional evidence to show what happened
- Highlighting inconsistencies in the other driver’s story
- Calling in experts to provide their opinions
- Filing a lawsuit if necessary
Why Having a Car Accident Lawyer Matters in a Serious Injury Crash Case
Insurance adjusters work for the insurance company. Their goal is to close each case by paying out as little as possible. If you are hurt, having a personal injury lawyer on your side ensures that:
- The insurance company investigates your case properly
- The insurer doesn’t place unfair blame on you
- Settlement offers reflect a fair value for your damages
While fault usually points to the liable party, some cases may be more complex. Our team includes 18-wheeler accident lawyers and other professionals who can handle more challenging cases.
Discuss Your Car Accident With Our Team for Free
If you were hurt in a collision, you want a car accident attorney who understands how an adjuster determines who is at fault handling your case. They can gather evidence and fight back when the insurance company gets it wrong.
At GED Lawyers, our firm was founded in 1995. We have 30 years of experience helping victims recover compensation. Contact us today for a free consultation.
