How do insurance companies determine fault in an accident?

In Nevada, insurance companies will determine who is at fault in an accident according to the state’s comparative negligence law. This system assigns relative degrees of fault to each party involved in the accident, and each party is responsible for the damages they cause in proportion to their degree of fault. This means that if an insurance company finds that both drivers were partially at fault, they will use the comparative negligence law to assign a percentage of fault to each party. The insurance company will investigate the accident to determine who was at fault. They will review the police report, witness statements, and any other evidence that can help determine who was at fault. Depending on the specific information gathered during their investigation, they may also use an external investigation firm to help them evaluate the evidence. Factors the insurance company may look at to determine fault are speed, traffic violations, road conditions, and the behavior of the drivers before, during, and after the accident. The insurance company will then assign a percentage of fault to each party involved in the accident based on the evidence collected. The total amount of fault can add up to more than 100%, meaning that each party is responsible for the damage they caused, even if it is greater than their percentage of fault. For example, if the insurance company assigns one driver 70% fault and the other driver 30%, the driver with 70% fault will be liable for 70% of the damages caused.

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