A decision worth thousands of dollars is being made about you by someone you’ve never met, using a process you can’t see. It’s important to know that the claims adjusters working on your case don’t work for you; they work for the insurance company you’re claiming from. They may act like a friend who is sympathetic to your situation and wants to help you. However, their priority will always be keeping payouts as low as possible to protect their employer’s profit.
Insurance adjusters determine who is at fault in a car accident by reconstructing the crash from the police report, driver and witness statements, photos and videos, physical damage patterns, and the applicable traffic laws. Using that information, they assign each party a percentage of fault. In at-fault states like California, your percentage of fault will have a critical impact on the outcome of your car accident claim and the compensation you receive.
This article covers the eight aspects adjusters consider to determine liability. We discuss how fault percentages translate into dollars under California law, and the mistakes that can unfairly blame claimants. Continue reading for a step-by-step process to challenge a fault determination you disagree with.
What an Insurance Adjuster Actually Does After a Crash
While claims adjusters aren’t necessarily acting in bad faith, they do prioritize their employer over the injured claimant. Adjusters work directly for the insurance carrier, investigating crashes, assigning liability, and valuing claims, all of which affect how much money you receive.
Liability adjusters assess the physical evidence, including skid marks, vehicle damage, debris patterns, injury locations, and vehicle resting positions, to recreate how the accident happened. Every detail of your crash will be carefully analyzed to identify the liable party and assign each party’s fault percentage in shared-fault cases.
The type of adjuster you’re dealing with also makes a difference in how your case is handled. A first-party claim adjuster works for your own insurer and owes you specified contractual duties under your policy. A third-party claims adjuster works for the other driver’s insurer and owes you nothing beyond the duty to investigate liability. Remember, adjusters are not your advocates.
How Do Adjusters Determine Who Is at Fault? 8 Things They Investigate
Adjusters weigh evidence and traffic laws to assign each party a percentage of liability. The key pieces of evidence are:
1. The Police Report
Accident scene police reports are crucial evidence, often shaping the initial fault judgment. Police reports include vital details such as officer observations, driver behavior, citations, witness accounts, and their visual perceptions of the accident scene.
Should there be any differences between your claim and the police traffic collision report, it can weaken the validity of your statement. Ensure that you provide accurate information and request a copy of the report. The report is evidence, not a ruling, and factual errors can be corrected through a supplemental report.
2. Statements From the Drivers
The adjuster working on your case may ask for a recorded statement about the crash, because it’s easier to use against you later. You are typically not obligated to provide a statement to the other driver’s insurer or your own insurer. Giving statements without the guidance of an attorney is one of the most common ways that claimants damage their own cases.
If your policy states that you are required to cooperate, it’s recommended to speak to an attorney before providing a statement. When making your statement, don’t apologize, don’t admit to doing anything wrong, and don’t become emotional. It’s important to provide only the most critical details unless you’re advised otherwise by your lawyer.
3. Witness Accounts
If the two drivers report different versions of the accident, witness statements can provide some clarity. The insurance adjuster assigned to your case will speak to witnesses about vehicle speeds, traffic signals, the sequence of events, and their general observations. If there are too many conflicting claims, it becomes obvious that one or more of the parties involved are not being truthful.
4. Photos, Dashcam, and Surveillance Video
Depending on the scenario, there may be hundreds of pieces of evidence. Photos, dashcam footage, and surveillance video can provide critical details that allow insurance adjusters to build a fuller picture of the accident and exactly what happened. Video footage from CCTV cameras cannot be edited by the plaintiff or defendant, so it provides irrefutable evidence.
5. Physical Evidence
The contents of the cars, typically listed in the police report, such as fast food wrappers and empty bottles, can contribute to fault determination. If there are open bottles of alcoholic beverages or drug paraphernalia in the cars, it can indicate that the driver was intoxicated at the time of the crash. Further physical evidence like skid marks, paint transfer at the point of impact, and the debris field also helps recreate the crash.
6. Vehicle Data and Phone Records
Claims adjusters also examine phone records and social media to see if either driver was using their device at the time of the crash. Event data recorders (EDRs), also known as black boxes, are common in modern cars. EDRs track speed, braking patterns, how far the gas pedal was pressed down, engine RPMs, and steering angles. When commercial vehicles are involved, carrier records also provide crucial operations data.
7. Traffic Law Violations
Adjusters look for evidence of vehicle code violations because they’re solid evidence of negligence. Citations are persuasive evidence, but they do not conclusively prove fault, and the absence of a citation doesn’t clear you of liability. The most commonly cited codes include:
- Speed Laws: Vehicle Code § 22350
- Following Too Closely: Vehicle Code § 21703
- Turning and Stopping and Turning Signals: Vehicle Code § 22107
- Right-of-Way: Vehicle Code § 21801
- Offenses Relating to Traffic Devices: Vehicle Code § 21453
- Driving on Right Side: Vehicle Code § 21650
- Handheld Phone Use: Vehicle Code § 23123
- Offenses Involving Alcohol and Drugs: Vehicle Code § 23152
8. Road, Lighting, and Weather Conditions
Insurance adjusters also consider weather on the day of the crash and how it affected visibility. Street lighting, road design, lane demarcation, and signage are evaluated to determine if they could have contributed to the accident. Poorly lit streets, confusing intersections, and badly placed signs can sometimes shift fault away from a driver and onto the government entity responsible for the road.
How Fault Is Usually Assigned in Common Accident Types
In most accidents, there is a presumption of fault depending on the type of collision that occurred. While presumptions aren’t definitive, they’re often the basis of fault determinations due to historical patterns of similar crashes.
Rear-End Collisions
In a rear-end collision, the rear driver is typically presumed to be at fault because California law requires drivers to maintain a safe following distance. The rear driver is often assigned the larger percentage of fault, unless specific circumstances made it impossible to avoid the collision, such as the front driver having faulty brake lights or intentional brake-checking.
Left-Turn and Intersection Crashes
In left-turn accidents and intersection collisions, the driver turning left is most often at-fault under Vehicle Code § 21801. However, fault may lie with the other driver if they were speeding, ran a red light, drove recklessly, or otherwise violated traffic rules.
Lane Changes and Sideswipes
In lane change and sideswipe accidents, the driver changing lanes has a duty to make sure the move is safe and signal before shifting. The location of the damage matters in these cases, as the point of contact can reveal which vehicle drifted. The driver changing lanes may not be at fault if the other driver didn’t indicate, didn’t check their blind spot, and failed in their duty to ensure a safe move.
Parking Lot Collisions
Parking lots are typically governed by right-of-way rather than standard traffic rules. Fault is often shared for parking lot accidents depending on the specific circumstances. For example, if one driver reverses without properly checking their blind spots and they’re hit by a driver going too fast, both drivers are partially liable. However, if a driver crashes into a legally parked vehicle, the driver of the moving vehicle is almost always at fault.
Multi-Vehicle Pileups and Chain Reactions
Liability for multi-vehicle chain reaction crashes can be difficult to assign accurately. Adjusters must work backward using damage patterns and vehicle resting positions to establish the order of impacts. Liability is often divided among several drivers based on how much their individual actions contributed to the overall crash and subsequent damages. The involvement of multiple insurers and claimants further complicates liability determination and prolongs the case timeline.
How Long Does It Take an Adjuster to Determine Fault?
Simple claims involving only two drivers and obvious liability can be resolved within a few weeks. On the other hand, the investigation period for complex claims involving multiple drivers or disputed liability can take several months or longer to resolve. Many aspects can slow a claim down, such as disputed liability, missing witnesses, serious injuries with long recovery periods, multiple vehicles, and requests for records.
While the process is ongoing, you may receive a reservation of rights letter, a formal notice from an insurance company stating that they will investigate but retain the right to deny coverage later if they discover a policy exclusion or code violation. California claims-handling law requires insurance providers to acknowledge, investigate, and respond to claims within a set claim timeline according to unfair claims settlement practices.
Mistakes That Get People Blamed Unfairly
Adjusters may consider what you do after the crash, and your actions could unfairly affect their fault determination. It’s important to keep these common mistakes in mind so you can avoid false fault accusations.
- Admitting fault or apologizing at the scene. Instinctively saying “I’m sorry” at the scene can be written down and characterized as an admission of liability.
- Giving a recorded statement to an insurer without legal advice. Adjusters ask very specific questions designed to get answers that will reduce their payout.
- Signing a blanket medical authorization. Allowing adjusters to access your entire medical history gives them ways to claim that your injuries are the result of a pre-existing condition.
- Treatment gaps. Missed appointments or long breaks in receiving care are used to argue that your injuries aren’t as severe as you claim.
- Posting about the crash on social media. Photos, check-ins, and casual comments are collected and may be used to contradict parts of your claim according to the adjuster’s interpretations.
- Inconsistent statements. Even minor variations between your statement, the police report, and your medical intake notes can be used to discredit you and make you seem unreliable.
- Delayed medical care. Waiting to see a doctor gives adjusters an opening to dispute that your injuries are related to the crash at all because you didn’t need immediate medical attention.
How to Challenge an Adjuster’s Fault Determination
If you don’t agree with the determination of fault, you may challenge the adjuster’s findings. To contest their findings, you could be required to present new evidence or a different interpretation of existing evidence. New evidence can include vehicle inspection reports, expert testimony, and accident reconstructions.
- Request a formal explanation of the decision if you suspect bad faith.
- Get an amended police report if the original had errors or request a supplemental report verifying specific details.
- Gather contradictory evidence or recruit an independent accident reconstruction expert.
- Submit a formal demand letter to dispute the finding.
- Use comparative fault to your advantage to minimize your share of liability.
- Escalate the dispute by filing a Department of Insurance complaint if you believe the insurer has engaged in unfair claims practices.
As mentioned, insurance adjusters are not on your side. If they uncover evidence that minimizes their liability, they will not hesitate to avoid paying you, even if your insurance provider employs them. Insurance adjusters are only there as a liaison for the insurance company.
Protect Yourself Against Unfair Fault Determinations
A fault determination is an opinion formed from evidence, not a verdict, so remember that it can be changed with the right evidence. Most straightforward claims can be resolved without an attorney. However, when there’s disputed liability, comparative fault disputes, serious injury, an uninsured motorist, or a fault percentage that doesn’t match the facts, facing insurers without support makes you vulnerable.
In cases where adjusters are determined to undervalue a claim, the only thing that truly sways them is the threat of a trial. At HHJ Trial Attorneys, we have a proven track record of taking on insurance giants and winning, as seen in the $18 million verdict against an insurance provider who continually undermined a victim with a valid claim. We also took a case to trial in Ventura County after an insurer offered only $350,000, where the jury awarded $10 million to the victim.
If you believe that your claim isn’t being taken seriously or your claim is deliberately undervalued, contact our team to schedule a free consultation. We offer zero-commitment case reviews so you can make an informed decision without worrying about the cost of advice. We also work on a contingency fee basis, so victims in difficult financial situations can access the legal support they deserve. If we don’t win, you don’t pay.
