How is fault determined when it comes to auto insurance payouts?
Who was at fault?
If you’ve ever been in a car accident and reported it to the authorities or your insurance company, you know that’s the first question they ask. If only the answer easy. Often, when a car accident occurs, the lines are blurred when it comes to who caused the damage. And, of course, each person involved thinks the other is at fault.
No one likes to admit they’re at fault and caused damage or injury to another person and their property, but the truth is that with every car accident, someone is at fault and needs to be held responsible to pay for the damage. Purchasing auto insurance can help limit the financial burden of having to repair the damage to your car (or even replace it) as well as cover what happens to the other person’s car. Before an insurance company pays an auto insurance claim, they need to know who was at fault.
Here’s how to determine fault with auto insurance claims:
Who was negligent?
If one party was negligent, they may be at fault for the accident. If you’re sitting at a red light and a driver crashes into the back of your car because they failed to hit the brakes, they were negligent and therefore responsible for the damage.
In some cases, both parties are considered at fault. These parties might be determined to be at fault to different degrees, but both drivers will be responsible for a percentage of the damage. If you suddenly brake, causing the driver behind you to crash into your car, both of you can be at fault because they weren’t expecting a sudden stop and reacted to your direct action.
When the lines of fault are blurred, it’s best to get the assessment of a professional. In all cases it’s best to report all car accidents to the police.
What do the police say?
Having an experienced officer on the scene can help determine who was at fault for auto insurance payouts. Although each driver may have a different version of how the accident occurred, the authorities can asses the situation based on the physical evidence.
If you’re in a car accident, the first call you make should be to the police and the second should be to your insurance company. Take photos of both cars and the surrounding area to determine who had the right of way and if any traffic laws were broken. It’s also very important to obtain a copy of the police report because your insurance company will need to keep it on file.
Be honest
Filing a claim can cause your auto insurance rates to increase, but you still need to be honest with your insurance company. Always tell both the authorities and the insurance company exactly what happened to the best of your knowledge.
Once the insurance company completes an investigation they will determine who is at fault. If they decide you’re at fault, the claim process begins. The company reimburses expenses to repair the damage, minus your deductible. Having to pay out of pocket for some of the costs is not ideal, but it’s better than having to pay for all of the expenses. Just be thankful you have insurance.