How do insurance companies determine fault in an accident?

In South Dakota, insurance companies typically turn to a system called comparative negligence to determine fault in an accident. This system allows for a percentage of fault to be assigned to each driver involved in the accident, based on their individual contributions to the crash. Generally, the more evidence that can be provided showing one driver’s fault versus the other’s, the easier it is for the insurance company to make an accurate determination. For example, if one driver ran a red light and the other was speeding at the time of the crash, the insurance company may assign 75% fault to the driver who ran the red light and 25% fault to the other driver. This system helps to avoid situations in which one driver incurs all the blame, regardless of fault or responsibility. Insurance companies may also look to witnesses, police reports, and surveillance videos to help determine fault in an accident. In the case of a single-vehicle accident, the insurance company may also look to the driver to assign fault. They may ask about the driver’s previous history of traffic violations or whether they were driving recklessly at the time of the crash. Ultimately, the insurance company’s determination of fault may be based on a combination of factors.

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How do insurance companies determine fault in an accident?

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