What happens if fault can’t be determined after a car accident?

After an accident, insurance companies work to determine fault. But what happens if the other driver disputes who is at fault in the accident?

Understanding fault is an important part of understanding auto insurance. Today, we’re explaining everything you need to know about how fault works, including how fault is determined after an accident and what happens if fault cannot be determined.

How Fault Works After an Accident

Fault plays an important role in the claims process after you file an auto insurance claim for an accident. The driver who was at-fault for the accident is required to pay more compensation.

The driver who is 80% at fault for the accident, for example, is required to pay 80% of the compensation. The driver’s insurance company will pay 80% of the compensation to the other driver. This is called an 80/20 insurance settlement.

In some cases, fault is split evenly, with each driver assigned an equal portion of the blame – fault is split 50/50. In other cases, the fault is easier to determine, and one driver is 100% to blame while the other driver is 0% to blame. This distinction is particularly relevant in states like Massachusetts, which operates under a no-fault auto insurance system, and Missouri, which is an at-fault state.

In certain cases, determining fault can become complex, leading to what’s known as a 90/10 insurance settlement. Here, the degree of responsibility is unevenly distributed: one driver bears a greater portion of fault in the accident, while the other driver also holds a minor share of blame. This scenario can arise in various situations, including those involving legal matters where drivers seek assistance following a not-at-fault car accident.

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How Insurance Companies Determine Fault After an Accident

Insurance companies will use every available resource to determine fault after an accident:

• Police Reports
• Eyewitness Statements
• Dashcams
• Other Cameras (CCTV, Surveillance Cameras, etc.)
• Driver Statements
• Photos
• Vehicle Damage (Location and Extent of Damage, etc.)
• Evidence at the Scene (Skidmarks, etc.)

In some cases, the initial police report will determine fault after an accident. The case was cut and dry, and the police report will clearly state which driver is to blame.

In other cases, the police report does not determine fault, in which case the insurance company’s claims adjuster will investigate the facts, analyze the evidence above, then, What happens if I have a claim against another driver’s insurance company, to determine the best path forward.

The final decision on fault can only be determined by the insurance company. You might believe that the other driver is 100% to blame, while the other driver might think you are 100% to blame. At this point, it’s up to each insurance company to investigate the situation, then work together to assign blame accurately.

Read more:

• What is the claims adjuster’s role in the auto insurance claims process?
• What is the difference between a first-party claim and a third-party claim?
• What happens if I have a claim against another driver’s insurance company?

What About Hit and Runs?

In a hit-and-run scenario, the other driver remains unidentified. However, the insurance company will still carry out an investigation to determine fault, especially in instances of a not-at-fault collision claim where the driver chooses not to go through insurance for the car accident.

First, the insurance company may want you to file a police report after an accident – especially if the incident caused significant damages or injuries.

Subsequently, the insurance provider will proceed with their typical inquiry into the claim. In this process, the unidentified driver could be deemed entirely responsible for the accident. Alternatively, contingent upon the circumstances, there’s a possibility that you, as the other not-at-fault party, might bear some degree of responsibility.

What Happens If Fault Cannot Be Determined?

In certain scenarios, insurance companies may encounter difficulty reaching an agreement on fault, particularly in cases of partial fault in a car accident. This could occur if there were no police statements taken at the time of the incident or if the accident transpired at a deserted intersection with no eyewitnesses or cameras around. Additionally, challenges may arise if the police report states that the other driver is at fault.

In such situations, insurance companies will continue working together to determine fault. Insurance companies need to determine fault to move forward with the insurance claim. Fault plays an important role in the compensation process both today and in the future. This highlights the significance of ongoing collaboration, where the expertise of professionals like Lawyer for a Progressive auto accident claim that can be particularly beneficial

In cases where fault remains uncertain, adjusters from the insurance companies involved in the third-party insurance claim when you’re not at fault and will persist in examining the details to establish clarity. They may engage in negotiations, exchanging information and viewpoints, until a consensus is reached. This process involves adjusters from unknown car insurance companies striving to align on the facts and come to a resolution.

In some cases, it’s impossible to accurately determine fault. Both drivers say the other is to blame. One driver is telling one story, while the other driver is telling another story.

If the investigation does not give any further clarity, then the insurance companies might agree to a 50/50 insurance settlement. Fault cannot be accurately determined, so the fault is split evenly between both parties.

Read More: Can I Switch Auto Insurance Companies After An Accident Where I Was at Fault

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Consider Hiring a Personal Injury Lawyer

“When involved in a car accident that is not your fault, what should you do?” Many personal injury lawyers specialize in car accident insurance claims and will fight on your behalf to ensure fair treatment.

If you were not at fault for the accident, then you should not receive any portion of fault whatsoever.

Sometimes, your insurance company will push for an 80/20 settlement because they want to limit their costs. By assigning a portion of blame to the other driver, the insurance company is reducing the amount they have to pay.

If your insurance company is not acting in good faith, or if you disagree with the way they determined fault after an accident, then consider scheduling a consultation with a personal injury lawyer.

Final Word

Overall, it’s rare for insurance companies to throw up their hands and say fault cannot be determined. Insurance companies need to establish fault to move forward with the insurance claim.

Sometimes, fault can be difficult to assign. There might be limited evidence of the accident. The police report might be unclear which driver did what. In these situations, insurance companies will investigate using all available resources to determine fault – even if the investigation takes weeks or months.

If the situation is still jumbled and fault cannot be determined, then the two insurance companies might agree to a 50/50 settlement.