Investigating the Accident
Your attorney and insurance provider aren’t the only ones who will investigate your car accident.
The at-fault driver’s auto collision insurance provider will also carry out an investigation.
The driver’s insurance provider will factor in everything, from the number of vehicles involved to any vehicle damage.
The findings can give an insurance company a ballpark figure of how much it would have to cover.
Here’s how the average insurance agent representing the at-fault driver would go about the investigation.
Reviewing Police Reports
One of the primary forms of evidence in any car accident or personal injury case is the police report.
Law enforcement officers often arrive at the scene of an accident and document their observations, including statements from drivers and witnesses, as well as any traffic violations that may have occurred.
This report serves as an official account of the incident and can heavily influence the insurance company’s determination of fault.
Assessing Vehicle Damage
Besides police reports, insurance adjusters assess the damage to the vehicles involved.
They examine photographs and repair estimates to understand the severity of the impact and the likely circumstances surrounding the accident.
The extent of damage can provide clues about how the collision occurred, which is crucial for determining liability.
Speaking With Witnesses at the Accident Scene
Speaking with witnesses is another vital part of the investigation.
Eyewitness accounts can offer different perspectives on the accident, helping to clarify the sequence of events.
An insurance adjuster may also analyze evidence from the accident scene, such as skid marks, debris, and vehicle positions, to reconstruct the incident.
Analyzing State-Specific Fault Laws
Finally, insurance companies must consider state-specific fault laws.
Each state has its own regulations regarding how fault is determined in car accidents.
Some states follow a “fault” system, where the driver responsible for the accident is liable for damages.
Others are no-fault states where each party’s insurance covers their own damages regardless of who caused the accident.
Understanding these laws is essential for adjusters as they evaluate claims.
Illinois and Missouri are at-fault states.
This means that if your accident happened in these states, the driver deemed at fault must pay for damages like medical expenses, vehicle repairs, and non-economic damages.
Comparative Negligence vs. Contributory Negligence
On paper, car accident claims are simple.
A negligent driver collides into you, causing you to suffer severe injuries while your vehicle is totaled.
Things aren’t this straightforward in real life.
Multiple vehicles may be involved.
And depending on how the investigation goes, you may be partly at fault for your accident.
In these scenarios, there are two legal principles that can determine how much insurance companies may (or may not) pay you.
These are contributory negligence and comparative negligence.
Comparative Negligence
Comparative negligence allows for the allocation of fault among the parties involved.
If you were in an accident and found to be 20% at fault while the other driver was 80% at fault, your compensation would be reduced by your percentage of fault.
This means that if your damages amounted to $10,000, you would only receive $8,000.
Contributory Negligence
Contributory negligence is a stricter standard.
In states that follow this rule, if you are found to be even 1% at fault for the accident, you may be barred from recovering any damages.
This can significantly impact your ability to secure compensation, making it crucial to understand how these laws apply in your state.
Which One May Apply to You
Our firm represents clients in Illinois and Missouri, so our discussion will be limited to these states.
If your accident happened in these states, your claim payment will be subject to the comparative negligence principle.
Illinois and Missouri have different ways of practicing this.
Missouri operates on pure comparative negligence.
Under this principle, the amount you can receive will depend on how much fault in a car accident you had to play.
Illinois accident settlements are subject to modified comparative negligence.
This means that you’ll be eligible for compensation commensurate to your degree of fault.
If the other driver’s insurance company finds that you’re more than 50% at fault for the accident, you forfeit your right to a settlement.
The Key to Maximum Payouts: Expert Legal Representation
Whether it’s pure or modified comparative negligence, recovering maximum compensation can be challenging since the other driver’s auto collision insurance provider will do everything to minimize payouts.
To recover as much of your calculated compensation as possible, you must find a way to shift all fault to the other driver.
This is why you need an experienced car accident law firm in your corner.
A car accident lawyer can leverage evidence and legal expertise to prove that the other driver was fully at fault for an accident.
You’ll be able to claim as much of your settlement as possible.
Don’t leave your financial compensation to chance.
Contact us today for a free consultation or use the chatbot on this page to instantly find out if you’re eligible for a car accident claim.
The Rules Insurance Companies Follow When Determining Fault
The degree of fault two drivers have can make a big difference in Illinois and Missouri.
Insurance adjusters have specific guidelines they follow when determining fault.
They interpret state traffic laws and apply them to the facts of the case.
Interpreting State Traffic Laws
Each state has its own traffic laws that dictate how fault is assigned in car accidents.
Insurance adjusters are trained to interpret these laws and apply them to the facts of the case.
For example, if one driver is found to have violated a traffic law — such as running a red light or failing to yield — the adjuster may assign a higher percentage of fault to that driver.
In some states, the concept of “negligence per se” applies.
This means that if a driver violates a traffic law and causes an accident, they are automatically considered negligent.
This can simplify the fault determination process, as the adjuster can rely on the violation of the law as a basis for assigning.
Accident Reconstruction Findings
Accident reconstruction is a scientific method used to analyze the circumstances surrounding a car accident.
Experts in this field use various techniques to recreate the events leading up to the collision.
They may consider factors such as:
- Vehicle Speed: By analyzing skid marks and damage patterns, experts can estimate how fast each vehicle was traveling at the time of the accident.
- Angles of Impact: The angle at which vehicles collide can provide insights into how the accident occurred and who may be at fault.
- Road Conditions: Weather, road surface, and visibility can all play a role in determining fault. For instance, if a driver lost control due to icy conditions, this may be factored into the analysis.
Adjusters often rely on these findings to support their conclusions about fault.
If the reconstruction indicates that one driver acted recklessly or failed to adhere to traffic laws, that driver may be assigned a greater share of the blame.
Statements From Involved Drivers
The statements made by drivers involved in the accident are crucial pieces of evidence.
Adjusters will carefully review what each driver claims happened during the incident.
This includes:
- Initial Statements: What each driver said immediately after the accident can provide insights into their perceptions of fault.
- Consistency: Adjusters look for consistency in statements. If a driver’s account changes over time, it may raise red flags about their credibility.
- Admittance of Fault: If a driver admits fault at the scene or in subsequent conversations, this can heavily influence the adjuster’s determination.
It’s important to note that insurance companies often aim to limit their payouts.
This means they may assign partial blame to victims, even if they were not primarily at fault.
Companies do this to reduce the settlement amount.
Challenging Unfair Fault Determinations
If you believe that an insurance company has unfairly determined fault in your case, it’s essential to know that you have options.
A car accident lawyer can help you challenge these determinations and advocate for your rights.
Gathering Additional Evidence
One way a lawyer can assist is by gathering additional evidence to support your claim.
This may include:
- Expert Testimony: Accident reconstruction specialists can provide insights into the circumstances of the accident. Their expertise can help clarify complex details that may not be immediately apparent.
- Surveillance Footage: If the accident occurred near businesses or intersections with cameras, obtaining this footage can be invaluable. It may capture the incident as it unfolded, providing clear evidence of fault.
- Witness Statements: Eyewitness accounts can be crucial in establishing what happened. A lawyer can help locate and interview witnesses to gather their perspectives.
Utilizing Vehicle Data
In some cases, data from a vehicle’s black box can provide crucial information about the moments leading up to the accident.
This data can include:
- Speed: Information about how fast the vehicle was traveling just before the crash can help establish whether a driver was speeding.
- Braking Patterns: Data on whether the driver applied the brakes before the collision can indicate whether they were attempting to avoid the accident.
- Steering Inputs: This data can show whether the driver was trying to maneuver away from danger.
Having this information can be instrumental in building a strong case against an unfair fault determination.
The Role of a Car Accident Lawyer
Having a knowledgeable attorney on your side can make a significant difference in the outcome of your case.
Your lawyer can walk you through the claims process, negotiate with insurance companies, and ensure that your rights are protected.
A skilled lawyer understands the tactics that insurance companies may use to minimize payouts and can counteract these strategies effectively.
Why You Need Legal Representation
Understanding how insurance companies assess fault is vital for anyone involved in a car accident.
The determination of liability can directly impact your ability to recover damages for medical expenses, vehicle repairs, lost wages, and pain and suffering.
Ways an experienced attorney can help you recover as much of your settlement as possible includes:
- Protecting your rights
- Bullet-proofing your case
- Gathering additional evidence
- Negotiating with the insurance company
- Fighting for your rights and interests if negotiations fail
Protecting Your Rights
If you disagree with an insurance company’s fault determination, take action.
Legal representation can help you challenge the insurance company’s findings and advocate for a fair settlement.
A car accident lawyer can provide you with the guidance and support you need during this challenging time.
Bullet-Proofing Your Case
Taking proactive steps is essential to your claim’s success.
An attorney can immediately help gather evidence related to the accident.
Your lawyer can keep detailed records of the incident, including photographs, witness statements, and any correspondence with the insurance company, which can strengthen your case.
This documentation serves as a foundation for your claim and can be invaluable if you need to dispute the insurance company’s assessment.
Gathering Additional Evidence
Gathering additional evidence is also critical.
Your attorney can assist in collecting any relevant information that may support your claim.
This could include expert opinions, surveillance footage, and data from vehicle black boxes.
The more evidence you have, the stronger your case will be when challenging an unfair fault determination.
Negotiating with the Insurance Company
Negotiating with the insurance company is often a key part of the process.
Your lawyer can handle these negotiations on your behalf, ensuring that you are not taken advantage of during discussions.
Insurance companies may attempt to minimize payouts, but having a skilled negotiator can help you secure a fair settlement.
Fighting for Your Rights and Interests If Negotiations Fail
If negotiations do not lead to a satisfactory resolution, your attorney can advise you on the possibility of pursuing legal action against the responsible parties.
This may involve filing a lawsuit to seek the compensation you deserve.
While this step may seem daunting, having a lawyer by your side can provide you with the confidence and support needed to move forward.
Don't Leave Your Claim to Chance. Contact Us Today.
Understanding how insurance companies assess fault is vital for anyone involved in a car accident.
The determination of liability can directly impact your ability to receive compensation for your injuries and damages.
If you find yourself facing an unfair fault determination, remember that you have options.
A car accident lawyer can help you navigate the claims process, challenge unjust assessments, and advocate for your rights.
At TorHoerman Law, we are committed to helping individuals who have been injured through no fault of their own.
If you have questions about your case or need assistance, don’t hesitate to reach out.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you’re eligible for a car accident claim.
