car accident

How Fault is Determined in a Car Accident

If you ever get into a car accident, you need to contact the police as soon as it is safe to do so.

As soon as you can, it is also wise to contact a car accident lawyer in Hernando County, FL. While they are on the scene, the police will assess the damages and contact medical teams to treat any urgent injuries. They then interview each party involved in the accident, as well as any witnesses.

The police will put together an official accident report, but while these reports can help provide information to the courts, they do not constitute a legal determination of fault.

How Insurance Companies Determine Accident Fault

The insurance companies often follow a different method than the police for determining fault after an accident. Each party usually contacts a car accident lawyer and their insurance company to report a claim. The insurance company will assign an insurance adjuster when a claim is opened. He or she will manage the claims process.

The insurance adjuster typically reviews:

  • Medical Records for Treatment
  • The Official Police Accident Report
  • Damages to the Vehicles Involved in the Accident
  • Eye Witness Testimonies
  • Insurance Coverage and Plan Details

The insurance companies determine fault and propose potential compensation for the insurance claim. In determining the liable party, the insurance adjusters will often defer to the legal definition of what constitutes negligence in the state where the accident occurred.