How does the insurance company determine fault in an accident?

In South Carolina, fault is determined by the insurance company based on the details of the accident. The insurance company will look at the police report, witness statements, and any other evidence to determine who was at fault for the accident. They will then assign a percentage of fault to each driver involved. This percentage of fault can range from 0 to 100%, with the driver with the higher percentage being considered more at fault than the driver with the lower percentage. The insurance company will also consider other factors when determining fault, such as who had the right of way, who was driving above the speed limit, and who exhibited any careless or reckless behavior during the accident. If the police report indicates that the driver who was assigned the higher percentage of fault was breaking any laws, this could be a strong indicator of who was more at fault for the accident. In some cases, fault can be shared between both drivers if it is determined that neither of them was solely responsible for the accident. In this case, each driver would be assigned a lower percentage of fault and the insurance company would use this to determine the amount of compensation owed to each driver. Ultimately, the insurance company’s determination of fault in an accident can help to ensure that the driver who was more at fault for the accident is held responsible for the damages caused. It can also help to prevent accidents by discouraging drivers from engaging in careless or reckless behavior.

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