How do adjusters determine who is at fault?
Motor Vehicles Accidents - April 2, 2024
To determine fault in a car accident, an insurance company adjuster gathers information to understand what happened during the collision. They will examine all the evidence to establish whether to pay your claim and for how much. At this point, they may determine if you or someone else is at fault.
At Horwitz, Horwitz & Associates, we understand the challenges of proving another party is responsible for your auto crash. Our Chicago car accident lawyers can help you deal with these challenges and many others. To learn more, get in touch with us. We also encourage you to check out our answers below to common questions such as, “How do adjusters determine who is at fault after a car accident?”
Can only one person be responsible?
Insurance providers look at state laws and facts relating to the crash. The insurer may find one party solely responsible for the crash, or they may determine multiple parties share fault.
How is negligence determined after a car accident?
To show an individual was negligent at the time of a car crash, your attorney must prove:
- The other party had a legal obligation to behave reasonably and safely toward you
- The other party violated this obligation, which led to your collision
- You are dealing with economic or non-economic damages due to the other party’s actions
Can I be found partly at fault in a car accident?
Yes. Illinois has a comparative negligence statute. Under this statute, you may share the blame for an auto accident, which may affect the damages you can receive as part of a personal injury claim.
How does comparative negligence affect my ability to get damages after a car crash?
If you are partly responsible for the crash, state law mandates a reduction in the damages you receive based on your percentage of fault. For instance, if you are found to be 10% at fault for your auto collision, you may receive 90% of the compensation you initially requested. If you are determined to be more than 50% responsible, you may be unable to file a claim.
Do I need to report my auto accident to my insurance company?
You should notify your insurance provider about your auto accident as soon as possible after the crash. Once your claim is filed, your insurer may help you file a claim with the other driver’s insurance company.
What will happen if I don’t file an insurance claim following my auto collision?
The other driver in your accident may submit a claim alleging you caused the crash. If this claim is successful, you or your insurer may have to pay damages to the other driver even though you weren’t responsible for the collision. You may also be solely responsible for all of your accident-related losses.
Should I talk to the other driver’s insurance company about my auto crash?
No. If an at-fault motorist’s insurer contacts you, it’s wise to have an attorney speak on your behalf. Your lawyer can discuss your accident with the insurance company. They can also work with the adjusters to negotiate a settlement and help you get the best possible case results.
Should I file an insurance claim based on my auto accident?
The personal injury lawyers at Horwitz, Horwitz & Associates will work to help you decide what to do after your auto collision. We can evaluate your case and go over your legal options with you. Our team is available to discuss your case. To schedule a free consultation, contact us online at (800) 985-1819.
