How Is Fault Determined

Despite what you might have heard, car insurance companies, not police officers, determine who was at fault in an auto accident. Law enforcement officers can issue citations after the collision occurs based on violations of traffic laws, but these citations are not the ultimate authority on fault. Rather, citations are just one of the many pieces of evidence auto insurers collect in their investigations to determine accident fault. Read on to learn how car insurance companies go about determining which driver was at fault and why.

Examining Negligence

Except in the few states with a pure contributory negligence system, auto insurance companies examine each driver’s negligence and assign a percentage of fault accordingly. To do so, car insurers perform a negligence analysis, examining four elements: driver duty, breaches, causation, and damages. To assign fault to a particular driver, all four criteria must be satisfied. If one or more of the elements is missing, then that driver cannot be found at fault for the car accident. If all four criteria are met, then the driver may be found at fault, but the insurer will still need to determine the extent to which the driver was at fault.

Driver Duty

When someone steps behind the wheel of a vehicle, he/she assumes certain duties as a driver. Generally, driver duties are defined as look out, obeying the rules of the road, and avoidance. The duty of looking out refers simply to paying attention. For example, if an adjuster asks you if you saw the other vehicle coming, your answer should be “yes” if you truly were not at fault. Insurers will also look at any violations of traffic laws in determining fault. Even if your infraction was something as minor as going a few miles over the speed limit, you might be found partially responsible for the accident. Lastly, drivers must try to avoid accidents whenever possible, regardless of whether the other driver did something illegal. A failure to avoid could be cause for full or partial fault.

Breaches

To assign fault, the insurer must find that a driver breached one or more of the driver duties mentioned above. Unless a breach occurred, a driver cannot be found at fault for an accident. One or more breaches of duty, on the other hand, will result in at least partial fault for the collision.

Causation

Before determining fault, the car insurance company must demonstrate that the breach of duty that occurred caused the ensuing damages or injuries. Most insurers complete this step relatively quickly, which makes causation an ideal defense for at-fault drivers in liability lawsuits.

Damages

The final step in the accident fault determination process is an examination of damages. Damages can refer to either physical injury or damage to property. All damages have to be related to the driver’s breach of duty for the insurer’s determination of fault to be valid. For instance, if you suffered knee pain and a neck injury as a result of an auto accident, the insurer will have to complete the aforementioned analysis twice—once for your knee pain and a second time for your neck injury.