How do insurance companies determine fault in an accident?

In California, insurance companies must determine how much each driver was at fault in an accident. This process is called " comparative fault," and it helps insurers decide how to allocate compensation for damages. When determining fault, an insurance company will consider several factors. This includes any visual evidence from the scene, like skid marks and damage, as well as police reports and witness statements. Photos or videos, such as dash cam footage, can also be used to determine fault. Insurers also take into account traffic laws for the accident location. This helps them decide if either driver was speeding or otherwise in violation of any traffic laws. Insurance companies may also consider other factors like the weather, what time of day the accident occurred, and the condition of the roads. Finally, insurance companies will typically assign each driver a certain percentage of fault. For example, they may decide one driver was 90% at fault and the other 10%. This will determine how much each driver is responsible for paying, as well as how much of their own insurance coverage they can use.

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