CKSINSURANCE
Expert
- 39
Can anyone tell me how adjusters determine fault in auto accidents?
Any basic guidelines?
Thanks!
Any basic guidelines?
Thanks!
How to Determine Fault?
- Thread starter CKSINSURANCE
- Start date
- 1,016
the answer to your question is very state specific.
SuperNewbie
Expert
- 36
And very accident specific. Was a party hit from behind? Did someone disobey a traffic light? etc....
- 232
This is why they like to talk to all parties involved, review police reports, and inspect damages.
I've had she said-she said cases resolved by looking at the wrecked cars - and a basic knowledge of physics.
Some carriers put in more effort than others. Some drag their feet and almost never accept liability....just wait for the subro papers and see who has more mettle in negotiations after the cars are fixed.
There are too many differences between states, carriers, and stories to give any sort of checklist.
I've had she said-she said cases resolved by looking at the wrecked cars - and a basic knowledge of physics.
Some carriers put in more effort than others. Some drag their feet and almost never accept liability....just wait for the subro papers and see who has more mettle in negotiations after the cars are fixed.
There are too many differences between states, carriers, and stories to give any sort of checklist.
Everything is negotiable to some extent. In MO we have comparative negligence and it can be a matter of determining the percentage of fault. I am not an adjuster so I don't know specific guidelines.
I have worked with clients to sway an adjuster to change prior fault decisions and move from AFA to NAFA or reduce the percentage of responsibility. Understanding the physics and angles, location of impact, reading the police report as well as understanding the traffic patterns for some instances. The police report is typically the holy grail for adjusters but they can be argued against if the physical damage doesn't match the report.
Had a personal incident where another party and I were backing out of offset parking spots. I saw her just in time and stopped, she didn't stop and hit me. Her adjuster wanted 50/50, having enough experience in the business I argued my liability stopped when I stopped. I received 100% settlement when it may not have worked out that way for most.
I have worked with clients to sway an adjuster to change prior fault decisions and move from AFA to NAFA or reduce the percentage of responsibility. Understanding the physics and angles, location of impact, reading the police report as well as understanding the traffic patterns for some instances. The police report is typically the holy grail for adjusters but they can be argued against if the physical damage doesn't match the report.
Had a personal incident where another party and I were backing out of offset parking spots. I saw her just in time and stopped, she didn't stop and hit me. Her adjuster wanted 50/50, having enough experience in the business I argued my liability stopped when I stopped. I received 100% settlement when it may not have worked out that way for most.
DmitriyEpelboym1
New Member
- 1
Accident Fault is decided by the insurance company, not by the police officer that answered to the scene. Police officers police reports and statements are considered evidence, and they can "persuade" the insurance companies regarding fault.
Dmitry Chernovsky
New Member
- 2
Determine if you live in a no-fault auto insurance state. The state you live in determines to some degree how the insurance company might assign fault. There are twelve no-fault auto insurance states: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah.
In those states, each insurance company is responsible for covering their insured claims.
In Kentucky, New Jersey, and Pennsylvania, consumers have the choice between no-fault and the “full-tort” coverage found in the other thirty-eight states
Determine if you live in a pure contributory negligence state. In some state’s, if an injured party is even the slightest bit at fault in the accident, then he or she cannot recover any losses for his or her injuries or damages.
The few states that have pure contributory negligence laws include Alabama, the District of Columbia, Maryland, North Carolina and Virginia.
Dmitry Chernovsky
NYC Insurance
In those states, each insurance company is responsible for covering their insured claims.
In Kentucky, New Jersey, and Pennsylvania, consumers have the choice between no-fault and the “full-tort” coverage found in the other thirty-eight states
Determine if you live in a pure contributory negligence state. In some state’s, if an injured party is even the slightest bit at fault in the accident, then he or she cannot recover any losses for his or her injuries or damages.
The few states that have pure contributory negligence laws include Alabama, the District of Columbia, Maryland, North Carolina and Virginia.
Dmitry Chernovsky
NYC Insurance
- 977
Good luck trying to use a template for how to determine fault. I think it as much depends on the adjusters mood and how bad the carriers LR is looking.
Last year, I had two accidents I dealt with clients on within one month of each other, with the same circumstances. One, my client decided it was a swell idea to use center lane as a travel lane because there was traffic. He struck a vehicle attempting to turn. Carrier paid and my LR took a hit.
Not long after, I had a client attempting to make a turn and was struck by some moron who decided he would use the center lane as a normal travel lane. USAA argued comparative negligence and basically strong armed them into taking a reduced settlement, after dragging it out for 6 months.
Last year, I had two accidents I dealt with clients on within one month of each other, with the same circumstances. One, my client decided it was a swell idea to use center lane as a travel lane because there was traffic. He struck a vehicle attempting to turn. Carrier paid and my LR took a hit.
Not long after, I had a client attempting to make a turn and was struck by some moron who decided he would use the center lane as a normal travel lane. USAA argued comparative negligence and basically strong armed them into taking a reduced settlement, after dragging it out for 6 months.
