How is Fault Determined In A Car Accident?

How Is Fault Determined In A Car Accident?

Whether you’re determining what to do in the wake of a car accident or comparing different car insurance policy options, it can help to understand what “at fault” means in a car accident—and how an at-fault determination could affect your car insurance options going forward.

Essentially, “at fault” refers to who insurance companies consider the person who caused the accident.

Understanding your potential liability in a car accident can help you prepare for possible repercussions, like higher insurance premiums or—in a worst-case scenario—the other driver taking you to court.

If you've been in an accident and have injuries, Mighty's AI handles your claim from the start — building your case file, opening the claim, and negotiating a settlement on your behalf. Fault determination is one of the things Mighty's AI works with the insurance company on.

What Does “At Fault” Mean?

Before diving into determining fault in a car accident case, let's look at what “at fault” means exactly. If a driver is determined to be at fault for a car accident, it means they caused the accident either by doing something incorrectly or failing to do something correctly.¹

For example, a driver who is responsible for a car accident may have driven the wrong way down a one-way street or rear-ended a car on the highway.

So why does it matter whose fault it is?

Depending on which state you live in, the person who caused the accident—or their auto insurance company—may be responsible for paying some of the costs racked up by the person they hit. These costs may include:²

• Medical bills
• Car repairs
• Lost income

If there's disagreement over who caused the auto accident or how much money the at-fault driver owes, the case may proceed to litigation. Mighty's AI handles the claim work up to that point — and if your case needs a lawyer, Mighty's marketplace helps to match you with a vetted one paid only on the increase to your existing offer.

Any car accident could cause your car insurance premium to increase when it comes time to renew your policy. But if you’re the at-fault driver in an accident, your insurance premium will likely increase more drastically. It may make sense to shop around to see if you can find an insurance company willing to offer you a better deal.

How Do Insurance Companies Determine Fault?

So how is fault determined in a car accident?

An insurance company may assign a percentage of blame to each party involved in the accident, based on the details of the accident.

Generally, insurance adjusters determine who’s at fault in an auto accident by looking at a variety of factors, including:

• Local driving laws and regulations – These can include general laws, such as those requiring a driver to have a valid driver's license, maintain their vehicle’s safety features like breaks and taillights, and avoid driving while under the influence of drugs or alcohol. They may also look at specific driving regulations at the site of a crash. For example, did one of the drivers run through a stop sign or make a left turn where one is prohibited?
• Documentation from the police report – It’s important to know how to get a police report for a car accident as insurance adjusters may look at documentation gathered by the police, such as witness statements or traffic cam footage. They may also consider whether or not a traffic ticket was issued in relation to the accident. A police report on a car accident doesn’t always include who an officer believes is responsible for the crash, but it can still contain useful evidence for insurance adjusters.
• Vehicle damage – The specific location and extent of the damage on any of the vehicles hit can help insurance adjusters piece together which driver is most at fault for the interaction.
• Negligent driver behaviors – Additionally, an insurance adjuster may also look at the driver's behavior when determining fault in a car accident case. Certain driver behaviors tend to indicate negligence, and thus may lead to an at-fault determination. Classic examples of negligent driving include texting while driving, speeding, violating a pedestrian’s right of way, rear-ending another vehicle, driving under the influence of drugs or alcohol, or otherwise violating the rules of the road.

Mighty's AI gathers and organizes all of these factors in your case file — police reports, vehicle damage documentation, witness statements, and driving law applications — and uses them when negotiating fault and damages with the insurance company. If your case proceeds to litigation, Mighty's marketplace matches you with a vetted lawyer who can argue these factors in court.

Learning Your State’s Fault Laws

Some states have no-fault laws. If you’re in a no-fault state, you’re most likely required to carry no-fault car insurance, also known as personal injury protection coverage.

If someone’s in a car accident in those states, their insurance company reimburses them for some or all of the costs of an accident, not the other driver, regardless of who caused the accident.⁵

No-fault states also tend to have more restrictions on when or if you can sue another driver after a car accident.⁶

No-fault states include:⁷

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Utah

In a no-fault state, unless the accident is especially severe, you’ll likely only have to file an insurance claim with your own insurance company.

Some states may evaluate car accident fault based on comparative negligence. That means that if both parties are partly responsible for the accident, the person who’s the most at fault—or their insurance company—will reimburse the other driver for a portion of the costs incurred by the accident.

If, however, your state has contributory negligence laws, then a driver who’s even partially responsible for an accident may receive no reimbursements at all.⁸

Mighty's AI handles state-specific fault rules as part of your case work — applying the right framework based on where the accident occurred and how it affects your claim.

Recovering from a Car Accident

So how do insurance companies determine fault? Most often, adjusters evaluate local driving laws, police reports, and vehicle damage to make their determination. The good news is you don't have to handle any of this work yourself.

Open the claim — but use Mighty to do it. Mighty's AI builds your case file, opens your claim with the insurance company, negotiates a settlement for you to approve, and routes you your payment if the offer is fair. For most accident claims, that's all you need — and you keep 100% of your settlement.

Only hire a lawyer when you need one, which is rarely in the first month or two after an accident. Waiting has two big advantages. First, you may not need one at all, in which case avoiding their fees leaves you with 33% to 40% more of your settlement. Even if you do need one, waiting until you have more information about your case — including an offer from insurance — gives you leverage to negotiate the lawyer's fee down from the standard rate.

A lawyer is genuinely necessary when injuries are serious, liability is disputed, multiple parties are involved, or the insurance company refuses to engage. For those cases, Mighty's marketplace helps to match you with a vetted lawyer who only gets paid on the increase to your existing offer.

Sources

1. Nolo. At-Fault Accidents: Driver Liability for Car Accidents. https://www.nolo.com/legal-encyclopedia/what-if-im-at-fault-for-a-car-accident.html#:~:text=When%20it%20comes%20to%20car,accident%2C%20you%20are%20at%20faul
2. Nolo. At-Fault Accidents: Driver Liability for Car Accidents. https://www.nolo.com/legal-encyclopedia/what-if-im-at-fault-for-a-car-accident.html
3.  U.S. News and World Report. How Much Does Insurance Go Up After an Accident? https://www.usnews.com/insurance/auto/car-insurance-increase-accident 
4. Nolo. At-Fault Accidents: Driver Liability for Car Accidents. https://www.nolo.com/legal-encyclopedia/what-if-im-at-fault-for-a-car-accident.html
5. Nolo. Car Accident Passenger Injury Claims in No-Fault States. https://www.nolo.com/legal-encyclopedia/car-accident-passenger-injury-claims-in-no-fault-states.html
6. MoneyGeek. States With No-Fault Auto Insurance Laws. https://www.moneygeek.com/insurance/auto/no-fault-auto-insurance-states/ 
7. MoneyGeek. States With No-Fault Auto Insurance Laws. https://www.moneygeek.com/insurance/auto/no-fault-auto-insurance-states/
8. Nolo. At-Fault Accidents: Driver Liability for Car Accidents. https://www.nolo.com/legal-encyclopedia/what-if-im-at-fault-for-a-car-accident.html