Who Decides Fault in a Car Accident?
Getting a settlement or winning a lawsuit after a car accident all depends on who was at fault. If the victim shared responsibility for the crash, their settlement can be drastically reduced.
But how is fault determined? Three different entities actually weigh in on this decision. Let's talk about their roles in more detail.
How do Police Determine Fault?
The first determination of fault is usually the police officer who reports to the scene. They are required to fill out a police report, which can indicate who they deem to be at fault in their professional opinion. But be prepared, because they don't always include it.
How do Insurance Companies Decide Who's at Fault?
Once an insurance company is notified about an accident, they assign the case to an adjuster. It is their job to investigate and ultimately determine who was at fault. They may assign a specific percentage of fault to each party.
The Final Determination of Fault in an Accident: The Court
Most of the time, car accident cases settle out of court. But when they don't, it's up to a judge/jury to give the final determination, based on the evidence that's presented.
When you work with an experienced St. Louis car accident attorney, your odds are getting compensated properly are increased.
Have you recently been in an accident? We are here to help. Contact your St. Louis car accident attorney right away.