How does the insurance company determine fault in an accident?

When determining fault in an accident, insurance companies in California typically follow the principles of comparative negligence. This means that the responsibility of each party involved in an accident is evaluated, and any damages caused by the accident are assigned according to the degree of fault. The evaluation of fault is usually carried out by an insurance adjustor who will review the evidence and testimony from the drivers and any witnesses at the scene. The insurance adjuster will primarily look at negligence. This means that they will assess whether either of the drivers had a duty of care, breached that duty of care, and whether that breach in care caused the accident. In auto accident cases, the insurance adjuster will typically consider factors such as speed, the position of the vehicles, the weather conditions and visibility. In California, if the fault of the accident is shared among the drivers, then the liability for the damages will be assigned according to the relative fault of each driver. This means that each driver may receive a percentage of the damages that is based on the percentage of fault attributed to them. Ultimately, the insurance company will use the evidence and testimony available to determine who is at fault for an accident and assign a percentage of responsibility to each party.

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How does the insurance company determine fault in an accident?

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