How does the insurance company determine fault in an accident?
In Hawaii, the insurance company typically determines fault in an accident based on the legal concept of negligence. Negligence is when someone does not exercise the proper degree of care required by law. To determine negligence, the insurance company will look at the facts of the case to determine if either party did something that caused or contributed to the accident. The insurance company may also consult the state laws of Hawaii to see if any traffic laws were broken by either party. If either party violated a traffic law, they will likely be considered partially or fully at fault for the accident. For example, if one party ran a red light or exceeded the speed limit, they would likely be at fault for the accident. The insurance company may also consider the testimony of any witnesses to the accident. Witnesses can provide valuable information about who caused the accident, or if both parties contributed. Finally, the insurance company may use technology such as surveillance cameras, accident data recorders, and other devices to reconstruct the accident and determine each party’s role. Once the insurance company has collected all the available information, they will assign a certain level of fault to each party. This information is then used to determine which party’s insurance company will pay for damages.
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