How do insurance companies determine fault in an accident?

In Washington, insurance companies use a system called comparative negligence to determine who is at fault in an accident. This means that each person involved in the accident will be assigned a share of the blame for the accident. The state of Washington follows a modified comparative negligence system, which means that the person filing the claim must have been 50% or less at fault for the accident. To determine fault, the insurance company will look at the evidence such as witness statements, police reports, and photographs. They will also assess the facts of the accident, such as the speed of the vehicles and the road conditions, to determine how each person’s actions contributed to the accident. The insurance company will also consider the duty of care that each person had to obey, such as obeying the speed limit or paying attention to the road. The fault will then be assigned to each person and each person’s insurer will be responsible for covering the damages in accordance with their assigned fault. For example, if one person is found to be 90% at fault, their insurer will be liable for 90% of the damages. If a person is found to be 50% or more at fault, they will not be able to recover damages from the other party.

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