Setareh Law
April 8, 2025
No one intends to get into a car accident – that’s why it’s called an accident. But even though getting into an accident isn’t something motorists intentionally do, it’s still difficult to determine who is responsible once an accident happens. Determining fault is important because many insurance companies use fault to dictate who is responsible for the cost of property damage and medical bills from car accidents. Here, we’re going to discuss the different steps insurance companies use to determine fault and what that means for your car accident case.
Understanding Fault Determination
Fault determination is a critical aspect of the car accident claims process. It involves identifying the party or parties responsible for the accident and assigning a percentage of blame. In most states, fault is determined based on the principles of negligence, which holds that drivers have a duty to exercise reasonable care while operating their vehicles. When a driver fails to meet this standard, they may be found at fault for the accident.
In the context of car accidents, negligence can take many forms, such as speeding, running a red light, or driving under the influence. When an insurance company investigates an accident, they look for evidence of such negligent behavior to determine who is at fault. This process is crucial because the at-fault party’s insurance company is typically responsible for covering the damages resulting from the accident.
Understanding how fault is determined can help drivers navigate the claims process more effectively. By knowing what factors are considered and how negligence is assessed, drivers can better understand their own liability and the potential outcomes of their claims.
What are the Fault Laws in California?
The first and most important factor used to determine fault by car insurance companies is state law. Every state throughout the U.S. has different laws regarding auto insurance. There are fault-based states and no-fault states. In fault-based states, one driver is determined to be at fault, and that driver is responsible for the car accident claim. In no-fault states, neither driver is considered 100% at-fault and, therefore, both drivers are responsible for the cost of damages.
Understanding fault and liability in California car accidents is crucial, as these concepts play a significant role in determining who is responsible for damages and injuries. California is a fault-based state. Therefore, once a person is found to be at fault they must pay for property damage and medical bills associated with the car accident. If the at-fault person carries insurance, their policy will pay for damages up to their limits of liability.
The Investigation Process
The investigation process typically begins at the scene of the accident, where police officers and insurance adjusters gather evidence and take statements from the drivers involved and any witnesses. The police report is a crucial document in determining fault, as it provides an objective account of the accident and the parties involved.
Insurance companies also conduct their own investigations, which may involve reviewing police reports, interviewing witnesses, and assessing damage to the vehicles. They may also use specialized software to reconstruct the accident and determine the sequence of events.
In some cases, insurance companies may use a comparative fault system to assign a percentage of blame to each party involved. This system takes into account the actions of all parties involved and assigns a percentage of fault based on their level of responsibility. For example, if one driver is found to be 80% at fault and the other driver is found to be 20% at fault, the first driver’s insurance company would be responsible for paying 80% of the damages, while the second driver’s insurance company would be responsible for paying 20%.
It’s worth noting that fault determination can be a complex and nuanced process, and insurance companies may not always agree on who is at fault. In such cases, the matter may be taken to court, where a judge or jury will make a final determination of fault.
In California, for instance, the courts use a comparative fault system to determine liability in car accidents. This means that even if a driver is found to be partially at fault, they may still be able to recover damages from the other party.
In no-fault states, the process of determining fault is different. In these states, each driver’s insurance company pays for their own damages, regardless of who is at fault. However, if the accident involves serious injuries or significant property damage, the parties involved may still be able to sue each other for damages.
Overall, understanding fault determination is crucial for anyone involved in a car accident. By knowing how fault is determined and what factors are taken into account, drivers can better navigate the claims process and ensure that they receive fair compensation for their damages.
What Factors Determine Fault?
After a car accident, the best thing you can do is make a call to the local authorities and file a police report. The police report will provide important details for determining fault. Major factors that dictate fault include:
- Driver’s physical state (under the influence, etc.)
- Weather conditions
- Speed of vehicles
- Driver’s actions before the accident
- Distracted driving
A few additional steps you can take to help your insurance company determine fault include:
- Taking pictures of your vehicle
- Taking photos at the scene of the other accident
- Taking photos of the other driver’s car following the accident.
Witness statements also provide credible information for insurance companies to base a decision upon.
Who is Responsible for the Cost of My Car Accident?
In the end, your insurance company and the other driver’s insurance company will handle the decision regarding who is responsible for the cost of your car accident. Identifying the at-fault party is crucial as it determines who will bear the financial responsibility. In California, if you’re found at fault, you’ll be required to pay for the damage to your vehicle and the other person’s vehicle as well as their medical bills. If your insurance policy’s liability limits are not high enough to cover the cost, the other party can sue you for damages.
Bodily injury liability insurance is essential when an individual is at fault for an accident. The most common reasons people pursue additional damage claims include:
- Medical expenses
- Lost wages
- Future loss of wages
- Pain and suffering
An experienced car accident lawyer can guide you through the process of a car accident lawsuit. Whether you or the other party was at fault, you need representation you can count on to win your case.
Hire a Beverly Hills Car Accident Lawyer to Represent Your Car Accident Claim
In California, Setareh Law is a source for trusted and experienced attorneys who can represent you in your car accident case. Hiring a personal injury attorney is crucial to navigate the complexities of fault determination, ensure appropriate compensation, and comply with legal deadlines related to personal injury claims. We have years of experience fighting on behalf of clients throughout the Beverly Hills area. Our team believes in putting the client first and will go above and beyond to provide the best possible service. We are passionate about being available to our clients at all times and want you to feel comfortable in whatever process you’re in with our firm.
To schedule a free consultation, call 844-666-1826 or contact us online today. Our Beverly Hills car accident attorneys look forward to representing you and want to help you through this difficult situation.
