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How does insurance determine fault for a motor vehicle accident?

On Behalf of | Mar 20, 2021 | Car Accidents |

Determining fault for a car accident is an important task. In North Carolina, the determination of fault can make the difference between getting compensation for your damages and getting nothing at all. There are a variety of factors that the insurance company looks at when determining fault.

Factors to determine fault for a motor vehicle accident

Fault for motor vehicle accidents depends on the law as well as the circumstances of the accident. If a driver violates a traffic law, that is strong proof that they are at fault for the accident. Running a stop sign is an example of violating a driving law. Similarly, if a driver is operating too fast for weather conditions or for the amount of traffic present in the area, they may be at fault.

However, a person can be at fault for a motor vehicle accident even if there is no specific law regarding their conduct. Any kind of negligent or reckless driving that doesn’t take everyone’s safety into account can be grounds for fault in motor vehicle accidents.

How does the insurance company investigate fault?

To investigate fault, the insurance company looks at available evidence. Insurers will obtain a copy of the police report, and your statements are important. The insurance company representatives may talk to other witnesses, too. Photographs, an investigation of visible damage on the vehicles and accident reconstruction may all play a role in an insurance company determining fault for an accident.

How to help the insurance company determine fault

When you understand how an insurance company determines fault, you can make sure that the insurance company has the information needed to make the correct decision. It’s important to know what information to give a company representative so that you can receive compensation after an accident. An attorney may assist you in pursuing your claim.


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