How Do Adjusters Determine Who Is at Fault in a Car Accident?

Of the many questions a person is likely to face following an auto accident, perhaps the most basic and important will be: “How do adjusters determine who is at fault in a car accident?” This provides the key to determining liability for damages and injuries in the crash.

Determining fault can affect everything from insurance payouts to potential legal claims. Insurance companies can be overwhelming in such situations, and this is where Burger Law comes in to handle your case. That’s why we’re committed to helping St. Louis drivers navigate these challenges and protect their rights under Missouri law.

How Do Insurance Adjusters Determine Fault?

Insurance adjusters assess fault through a full analysis of the accident. They take the evidence and apply the law to reconstruct what occurred before the collision. The following is an overview of the main steps involved in determining fault:

Investigating the Causes of the Accident

Adjusters start by evaluating the causes of the collision. They analyze physical evidence present at the scene of the accident, including skid marks, vehicle damage, and debris patterns. For example, the resting position of the vehicles may indicate which of the drivers failed to yield or stay within his lane. Documentation, like photographs taken at the scene, is essential in establishing or refuting claims. The Missouri Department of Insurance says that detailed records of an accident can make all the difference in the outcome of a claim.

Identifying All Liable Parties

Sometimes, various parties can be liable to cause an accident. Missouri uses the comparative fault system, wherein fault is proportionate to all parties. Other factors the adjuster would need to consider that could contribute to a collision would be another vehicle, faulty road design, or even defective auto parts. These are just some of the subtleties that are important when trying to establish the percentage of liability one will be held accountable for.

Reviewing the Police Report

Police reports are one of the most critical pieces of evidence adjusters rely on. These reports typically include key details like officer observations, citations issued at the scene, and witness accounts. Missouri Consumer Guidelines emphasize the importance of ensuring accurate information is provided during the police investigation, as discrepancies can weaken your case.

Interviewing Witnesses

Witness statements are often fairly neutral regarding fault in the accident. Adjusters interview witnesses to obtain information about vehicle speeds, which vehicle ran the traffic signal, and what sequence of events occurred leading up to the accident. Witness statements are particularly useful when drivers provide conflicting versions of what occurred.

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Personal Injury Attorney

Key Factors Considered by Insurance Adjusters

Insurance adjusters consider specific factors to determine liability. These elements give them a guideline on how to make their decision:

Regulations

Traffic laws often serve as a significant determining factor. For instance, certain right-of-way statutes or speed limit laws may give guidance that helps an adjuster allocate responsibility. In general, it can be expected that any kind of violation regarding traffic regulations, like running a red light, will always find the fault with the violating driver.

Road Conditions

Other conditions that could contribute to an accident would include hazardous road conditions such as unmarked construction zones, potholes, or debris. Adjusters will investigate whether these outside factors contributed. The Missouri Department of Insurance reminds that sometimes local road maintenance records may be helpful in supporting claims of hazardous conditions.

Weather

Missouri weather is always unpredictable, and rain, snow, or ice often makes road travel hazardous. Adjusters determine whether the driver adapted his or her driving to the weather. For example, a failure to slow down during heavy rain or to drive on icy roads without proper tires may result in a finding of negligence.

Driver Behavior

One of the most scrutinized factors is the action of the driver before the crash. Adjusters look for signs of distracted driving, such as texting, or violations like speeding, tailgating, or DUI. Evidence, including phone records or dashcam footage, is often used to establish driver negligence.

Can You Challenge the Insurance Adjusters’ Decision?

Yes, you can contest the decision of an insurance adjuster. If you feel that the determination of fault is wrong, then you can contest it. The contesting process normally entails the provision of new evidence or an interpretation of the available information in a more attractive way. Additional evidence examples include:

• Traffic camera footage.
• Expert testimony from specialists in accident reconstruction.
• Vehicle inspection reports indicating prior damage.

It can be quite cumbersome to dispute an adjuster’s findings in Missouri. This often involves a great deal of research into state laws and rules of procedure. An experienced attorney can help to support your argument and present it in court effectively.

Get Help From a Car Accident Attorney in St. Louis

Car fault determination is always a fear when involved in a road accident. The situation further intensifies if it involves the handling of an insurance adjustor. At Burger Law, our role is to make that process as smooth as possible. It comes through extensive knowledge of the law of Missouri and valuable experience with claims from various car accidents. We want to ensure that every settlement you get is the highest that could be obtained under those circumstances. Call now for a free consultation at (314) 500-HURT.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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