Going through a car accident could be painful- both mentally and physically. When you file for a car accident claim, the process can be time-consuming and challenging. The factors insurance companies evaluate to assign responsibility could be biased unless you have an Indiana car accident attorney by your side.
How do insurance companies assign fault?
The insurance company assigns an adjuster to look after your claim for the car accident. Now, the adjuster takes care of everything from investigating the case to settling the case with an insurance claim. Remember, you must be careful when talking to the insurance adjuster. Everything you say to the insurance company and the adjuster will be used against you.
Insurance companies determine fault by giving a certain percentage to both drivers. The insurance companies adhere to the legal laws of a particular state. The company will demand evidence to support your claim and review it carefully. Furthermore, the insurance company will take help from the experts who will help in understanding who was at fault during the collision.
Factors considered by insurance companies to determine fault:
- Police reports
The first thing any adjuster would look into is the police report. The report contains evidence, the place and time of the accident, witnesses, etc. It is a crucial factor for insurance companies as it holds a lot of credibilities. The police report may also include the police officer’s decision on who was at fault during the accident. However, the insurance company cannot solely take decisions based on the report.
- Witness statements
Insurance adjusters pay close attention to the witness statements. If you provide the company with the witness statement to support your claim, it will decide whether the witness is a credible witness or not. Unless the witness does not know you or is not a close friend/family, the insurance company will consider the statements.
- Evidence
Insurance companies examine every shred of evidence. The adjuster accounts pieces of evidence like the accident footage, photos, or anything that leads them to the driver who is at fault. There could also be particular evidence like a component in the car which records operational data.
- Recorded statements
After the adjuster investigates the case, they might ask you to give a recorded statement as early as possible after the accident. Your recorded statement will be carefully examined. However, before talking to the insurance company, it would be more beneficial to consult a legal representative or an attorney first.
