How does the insurance company determine fault in an accident?

In North Carolina, insurance companies typically use a theory called “comparative negligence” to determine fault in an accident. This means that the fault of any incident is shared among each of the parties involved. A percentage of fault is assigned to each party, and that percentage indicates the amount of financial responsibility expected to be paid by the responsible party(s). For example, if two cars crash and the driver of the first car hits the driver of the second car from behind, the driver of the first car likely bears more fault than the second, and can be held financially responsible for more of the damages. The insurance company may assign 80 percent of the fault to the driver of the first car and 20 percent of the fault to the driver of the second car. In cases of multiple accidents involving several parties, the insurance company may use evidence such as police reports, witness statements, and expert testimony to help assess fault for each party. This process is complex and labor-intensive, as it requires careful consideration of all the evidence. It is also important to note that fault may be determined differently from the court system. Insurance companies may assign fault to a party or several parties, even if the court does not find them legally responsible.

Related FAQs

What is vicarious liability?
Can I still make a claim if I was partially at fault for an accident?
How does the statute of limitations affect my claim?
How is fault determined in an auto accident?
What if the other party does not have insurance?
What is accident law?
What is the legal definition of negligence?
What evidence should I gather to prove my accident claim?
What is a settlement conference?
What are the damages recoverable in a personal injury case?

How does the insurance company determine fault in an accident?

Related FAQs

Related Blog Posts