What happens if fault can’t be determined after a car accident?
Insurance companies determine fault through police reports, damage reports, witness reports, and other evidence from the scene, but what happens if fault can't be determined after a car accident? If fault can't be determined by car accident damage the insurance companies will continue to work together until fault is determined or split between the drivers. An auto insurance claim cannot move forward until fault is determined unless you live in a no-fault insurance state.
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Daniel Walker
Licensed Insurance Agent
Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
Licensed Insurance Agent
UPDATED: Aug 11, 2023
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
UPDATED: Aug 11, 2023
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
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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, the 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.
Sometimes, fault can be more muddled. There might be a 90/10 insurance settlement. In this situation, one driver was more at fault for the accident, although the other driver also shares a small portion of the blame.
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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 difference between a first-party claim and a third-party claim?
What About Hit and Runs?
In a hit-and-run situation, the other driver is unknown. However, the insurance company will still conduct an investigation to determine fault.
First, the insurance company may want you to file a police report after an accident – especially if the incident caused significant damages or injuries.
Next, the insurance company will investigate the claim as they normally would. The unknown driver may be found 100% at-fault for the accident. Or, depending on the situation, you might share a portion of the blame.
What Happens If Fault Cannot Be Determined?
In some cases, the insurance companies cannot reach an agreement on fault. Maybe no police statements were taken at the time of the accident. Maybe the accident occurred at a deserted intersection with no eyewitnesses or cameras around.
In these situations, the 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.
When the fault isn’t clear, the insurance company’s adjusters will continue investigating the claim to determine the facts. The adjusters from each insurance company might negotiate back and forth before reaching an agreement.
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.
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Consider Hiring a Personal Injury Lawyer
Many personal injury lawyers specialize in car accident insurance claims. These lawyers 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.
Frequently Asked Questions
What does it mean if fault can’t be determined after a car accident?
When fault can’t be determined after a car accident, it means that there is insufficient evidence or conflicting accounts to definitively establish who is responsible for the incident.
Should I hire a lawyer if fault cannot be determined?
If fault cannot be determined after a car accident and you are facing challenges in obtaining a fair settlement from the insurance company, it may be beneficial to consult with a lawyer. An experienced attorney can provide guidance, protect your rights, and advocate on your behalf during negotiations or in a court of law.
How does the insurance company determine fault?
Insurance companies typically use various methods to determine fault, such as examining police reports, reviewing statements from involved parties and witnesses, assessing the damage to the vehicles, and analyzing any available photographic or video evidence. However, their assessment of fault may not always align with the legal determination made by a court.
How is fault typically determined after a car accident?
Fault is usually determined through a combination of factors, including eyewitness testimonies, police reports, photographs of the accident scene, and any available surveillance footage. Insurance companies and legal professionals often review these pieces of evidence to assess liability.
What can individuals do if fault cannot be determined?
If fault cannot be determined after a car accident, individuals involved have several options:
- Consult an attorney: Seeking legal advice from an experienced attorney can help navigate the complexities of the situation and determine the best course of action.
- Gather evidence: It can be helpful to gather any available evidence, such as photographs, witness statements, and police reports, to support your case if it goes to court or to help insurance companies in their investigation.
- Contact your insurance company: Inform your insurance company about the situation and provide them with all relevant information. They can guide you through the claims process and advise you on how to proceed.
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Daniel Walker
Licensed Insurance Agent
Daniel Walker graduated with a BS in Administrative Management in 2005 and has run his family’s insurance agency, FCI Agency, for over 15 years (BBB A+). He is licensed as an insurance agent to write property and casualty insurance, including home, life, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. To ensure our content is accura...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.