How do insurance companies determine fault in an accident?

In North Carolina, insurance companies determine fault in an accident by assessing the “comparative negligence” of each driver involved and assigning a percentage of fault to each driver. Under North Carolina’s comparative negligence law, each driver involved in the accident is responsible for their share of the fault. This means that, in the case of an accident, the at-fault driver’s insurance company will pay out any compensation to the non-fault driver based on the percentage of fault assigned to the at-fault driver. For example, if a driver was found to be 50% at fault for the accident, then their insurance company would only have to pay out 50% of the total amount of compensation due to the other driver. In order to determine which driver is at fault, insurance companies may look at evidence such as police reports, witness statements, photographs, and medical reports. Furthermore, the insurance company may also consider the following factors such as the speed of the vehicles, the position of the vehicles, the weather conditions, and the condition of the roads. After assessing the evidence available, the insurance company will assign a percentage of fault to each driver and then the insurance company of the at-fault driver will pay out the appropriate amount of compensation. It is important to note that if a driver is found to be more than 50% at fault in a North Carolina accident, then they will not be able to recover any compensation for their damages or losses from the other driver or their insurance company. As such, it is important to be aware of the rules of negligence in North Carolina so that drivers can protect themselves from being found at fault in the event of an accident.

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