Accidents are a common part of driving, and when they happen, determining fault is crucial for insurance purposes. However, when both drivers disagree on who caused the accident, it can be a complicated situation for insurance adjusters. This blog explores how adjusters evaluate fault when there is a dispute, looking at key evidence and the process they follow.
How Adjusters Determine Fault in Disputed Accidents 
When both drivers in a car accident disagree about who is at fault, it can lead to a lengthy investigation. Adjusters are trained to gather all relevant information and make an unbiased assessment based on the facts. Here’s how they go about it:
- Police Reports: The first piece of evidence adjusters will review is the police report. If the authorities were called to the scene of the accident, the report will contain critical information about what happened. This includes statements from the drivers, witnesses, and any citations issued. Even if the drivers disagree, the police report often provides objective facts that help clarify the situation.
- Statements from Drivers: While both drivers may not agree, their statements are still important. Adjusters will look for inconsistencies in their stories. Often, a slight discrepancy or conflicting detail can give adjusters a better understanding of what happened. Drivers may also be asked to clarify their version of events in writing.
- Witness Testimonies: Witnesses can provide essential third-party accounts of the accident. If bystanders or passengers saw what happened, their testimony may carry weight. Adjusters will seek out these statements and compare them to the drivers’ accounts. This can provide crucial clarity when both parties are at odds.
- Photographic Evidence: One of the most valuable tools for an adjuster is the photographic evidence of the accident scene. This includes photos of the vehicles involved, the surroundings, and the position of the cars after the accident. These images can help establish a clear picture of the sequence of events and the actions taken by each driver.
- Traffic Camera Footage: If the accident occurred near a traffic camera or intersection surveillance system, adjusters will seek out this footage. Video evidence can often be the deciding factor in disputes between drivers. It provides a clear, unbiased view of what happened, which may either support or contradict the drivers’ statements.
- Expert Analysis: In some cases, when there is a significant disagreement and the evidence is not conclusive, adjusters may rely on expert analysis. This could include accident reconstruction specialists who can use physical evidence from the scene, such as skid marks and vehicle damage, to recreate the accident and determine fault.
- State Laws and Insurance Policies: Different states have different laws regarding fault in accidents. For example, some states use comparative negligence, while others use contributory negligence. Adjusters will review the laws in the jurisdiction where the accident occurred to help them determine fault. Furthermore, the terms of the drivers’ insurance policies may also play a role in the outcome of the investigation.
Founding Attorney Attorney Attorney
Michael Serrano
Candace “Cea” Hartley
Molli Gard, ESQ.
What Happens After Fault is Determined
Once the adjuster has reviewed all of the available evidence and made their decision, the next step is to determine how much liability each party bears. In some cases, fault may be shared between the drivers, which can affect how much compensation each party receives. This process is known as “comparative negligence.”
If the dispute continues, or if one of the drivers disagrees with the adjuster’s decision, the case may proceed to mediation or arbitration. In some instances, it may even end up in court.
Why Having a Good Lawyer is Important
In situations where both drivers disagree and the insurance adjuster has difficulty determining fault, having a lawyer can be extremely beneficial. A lawyer can help protect your rights, ensure that you receive fair treatment, and assist in presenting the best possible case. If you’re involved in a dispute like this, consult an experienced personal injury attorney to guide you through the process.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
Understanding how insurance adjusters evaluate fault in car accidents is crucial for anyone involved in a dispute. While both drivers may disagree, the adjuster’s job is to carefully review all evidence, including police reports, witness statements, and expert analysis, to make an objective decision. If you’re unsure about the process, consulting a legal professional can provide the guidance you need.
If you’re involved in a car accident and need help determining fault or navigating an insurance claim, reach out to Serrano Law. Our team of experienced attorneys is here to help you every step of the way.