How do insurance companies determine fault in an accident?
In Maryland, insurance companies use a variety of criteria to determine fault in an accident. The most common method is the comparative negligence doctrine, which is based on the amount of fault assigned to each party in an accident. This approach looks at the actions of each party involved in the accident and how their conduct may have contributed to the outcome. For instance, if Driver A ran a red light and collided with Driver B who had the right of way, Driver A may be found more at fault than Driver B. In this case, the insurance company might assign a certain percentage of fault to Driver A and a different percentage to Driver B. The insurance company may also look at state laws and other factors in assessing fault, such as weather conditions, the speed of the vehicles, and the road conditions. In some cases, the damage to the vehicles can provide clues as to which party may have been more at fault. The insurance company may also consider the witnesses’ testimonials or witness statements, as well as any traffic violations that may have occurred. Ultimately, the insurance company will assign a percentage of fault to each party based on its analysis of all the evidence. This percentage helps the insurance company determine the amount of damages that each party is responsible for and can be used to determine who should pay for the damages.
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