How Do You Determine Who Is At Fault In A Car Accident?

A squeal of brakes, the scraping of metal and a deafening bang: you’ve been in an accident but who’s to blame? Working out who caused it isn’t always cut and dried. 

Accidents occur quickly and you can’t always recall exactly what happened. Dashcam footage and witness testimony can help piece it together but even then, that might not be enough to categorically decide who’s liable.

Yet working out who’s at fault is an essential part of the process because it will affect any insurance claim, and future premiums and can determine the need for criminal or civil proceedings.

Who Determines Who Is At Fault In A Car Accident?

For the vast majority, it’s the insurers who assign liability. A claims adjuster will look at the evidence, review any dash cam or video footage, speak to the drivers, passengers and any witnesses, consider the location and extent of damage and examine any police reports.

Sometimes, however, in the case of a minor bump, the drivers may agree between themselves who caused it although this isn’t always good practice. Drivers in shock might misremember events and say things which later come back to haunt them.

In rare circumstances, it could be a jury that decides who is to blame. While most cases are unlikely to ever get that far because of the expense, accidents, where costs are particularly high or medical expenses, are involved can end up in court to determine legal and financial responsibility.

How To Prove Who Is At Fault In A Car Accident

Let’s assume for now it’s the insurer looking at the accident. They will assess the different evidence available, initially from their office but will undertake fieldwork if necessary.

They’ll review photos of the accident, damage to the vehicles, and skid marks and consider the road conditions at the time. This will help them to estimate how fast the vehicles were travelling with faster speeds generally associated with greater damage. They’ll also look at things like airbags which only deploy in certain conditions as well as the location of damage which can indicate the vehicle's position before the collision.

What Happens If The Accident Is My Fault?

We know it’s distressing being involved in an accident, especially if you are at fault but try not to worry. While it’s not pleasant to deal with, accidents do happen, and your insurer will normally cover the costs of damage to the other party as well as your vehicle depending on your policy.

Ultimately, it can be a lengthy process determining who is at fault but by providing evidence, seeking medical attention and following your car insurer’s instructions you will help them make the right assessment.

Your stress-free repair experience starts here. Contact the team at EvolveArc today for peace of mind and expert support throughout your vehicle repair journey!

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