How does the insurance company determine fault in an accident?

In Delaware, insurance companies determine fault for an accident based on what is known as the “comparative negligence” rule. This means that in any given accident, fault may be shared between two or more parties. In order to determine fault, the insurance company will typically investigate the circumstances of the accident. They may contact witnesses, review police reports, and inspect the damage to the vehicles involved. The insurance company will use the evidence they have gathered to assign a percentage of fault to each party involved in the accident. This percentage will help to determine how much each party has to pay in compensation claims and other damages. For example, if Party A is deemed to be 30% at fault for an accident and Party B 70% at fault, Party A may have to pay 30% of the costs associated with the accident, while Party B is responsible for the remaining 70%. The comparative negligence rule also sets a limit on how much fault a party can be assigned. Delaware law states that an individual can’t be assigned more than 50% of the blame for an accident. This means that no party can be responsible for more than half of the costs associated with an accident. Ultimately, the insurance company must determine the percentage of fault for each party in order to determine the amount of compensation due. This process can be complicated and difficult to navigate, so it is always best to speak to an accident attorney before making any decisions.

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How does the insurance company determine fault in an accident?

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