How does the insurance company determine fault in an accident?
In Arizona, an insurance company typically determines fault in an accident by evaluating the evidence. Evidence may include police reports, the testimony of witnesses, video footage, or other evidence that can be used to reconstruct the accident and identify the party at fault. Generally, fault is assigned based on a legal notion known as "negligence." Negligence is the failure to use reasonable care when driving, and can involve things such as disobeying traffic laws, failing to signal, or driving while distracted. In addition, comparative negligence may apply in some situations, where each of the drivers involved may be assigned a percentage of fault for the accident. The insurance company may also take a look at the circumstances surrounding the accident to determine who was at fault. For example, if one driver was speeding or driving recklessly, that driver may be more likely to be held at fault. Likewise, a driver who is not paying attention or is distracted may also be more likely to be held liable. Ultimately, a determination of fault in an accident is a complex process, and one that is best left to the experts. An insurance company will take all of the relevant evidence into account to decide whether the driver was at fault, and how much of the fault they are responsible for.
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