How do insurance companies determine fault in an accident?

In Oregon, insurance companies typically use a system called comparative negligence to determine fault in an accident. This system requires each driver involved in the accident to be assigned a percentage of fault for the incident. The percentages are based on the degree to which each driver contributed to the accident. For example, if one driver ran a stop sign and another driver was speeding, the driver who ran the stop sign would likely be assigned a larger percentage of fault compared to the speeding driver. Once it is determined how much fault each driver is assigned, the insurance companies can adjust the settlement amount accordingly. The reason why fault is determined through a comparative negligence system is because Oregon is a comparative negligence state. This means that as long as a driver contributes to the incident (even if it is only a small amount), they will still be found liable for the damages. In short, insurance companies in Oregon use the comparative negligence system to determine fault and assign percentage of fault to each driver involved in the accident. This system allows the insurance companies to adjust the settlement amount to reflect each driver’s degree of responsibility.

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