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

Our Oklahoma City Car Accident Lawyers Are on Your Side

One of the most important things after a vehicle accident in Oklahoma is determining who was at fault.

Under our fault-based system, the at-fault driver (usually through their insurance provider) is responsible to pay for the damages suffered by anyone they injured. But that insurance company isn’t just going to take the victim’s word for it. Before they even consider making a fair settlement offer, they’ll need to see strong evidence.

If you were injured in an accident, you may be wondering how fault is determined. Our Oklahoma City car accident lawyers at Colbert Cooper Hill Attorneys can help you navigate the legal processes to receive fair compensation. We’re experienced in helping our clients across Oklahoma obtain the money they deserve after a car accident. We may be able to help you, too!

When it Comes to Car Accidents, Negligence Is Important

Insurance companies determine fault in accordance with the legal definition of negligence in the state where the collision took place.

Oklahoma law states that a negligent person is one who violates a duty of care to another. This means the person has done, or failed to do, something in a justifiable manner, resulting in another person’s injuries. A very simple example would be when a distracted driver fails to slow down when approaching an intersection and rear-ends a stopped vehicle.

Oklahoma is an at-fault state, which means the insurance company of the person found negligent, or at fault, will be responsible for the other party’s damages. In other words, if you’re injured in an accident that wasn’t your fault, you should be able to file a claim against the other person’s insurance company for your injuries.

Not all cases are quite so simple, however. Negligence can get complicated fast. Sometimes both drivers contributed to the accident to a degree—for example, one was speeding, but the other failed to verify that the way was clear before proceeding.

In other cases, multiple parties might be legally liable—for example, the at-fault driver’s employer (if they were on the job at the time of the accident) or a bar that knowingly overserved them.

Determining who has liability is critically important in any car accident claim, for two major reasons:

• If multiple other parties were responsible for your injuries, you can file claims against all of them. This potentially increases the amount of insurance coverage available to pay your claim.
• If you are found to be partly responsible for your car accident, the amount of damages you can recover will be reduced by your share of the fault (up to 50%). If you’re more than 50% at fault, you cannot recover any damages.

Insurance Adjusters Look at These 5 Things to Determine Negligence

When you file an insurance claim with the other driver’s insurance company, they assign one of their insurance adjusters to investigate the auto accident. The adjuster will look at all the information they need to determine which negligent driver caused the accident. Keep in mind that they look extra closely for evidence that shows that you are at fault for the accident, to reduce the amount of compensation the insurance company has to pay.

The insurance adjuster will look at a variety of sources of evidence. Here are five major things that they will review:

1. The police report – the police officer who investigated the scene of the accident writes their account of what likely happened in the police report. This often explains which driver is at-fault (in their opinion). This is treated as a trustworthy source of information, but these reports may not always get the facts straight.
2. Anything you say – you should never admit fault for a car crash, especially when talking to an insurance company. They may try to get you to agree to give a recorded statement, where they may ask confusing leading questions that may cause you to contradict yourself. They can also look through your social media and use any evidence there against you when determining fault. For instance, if you have photos or videos of reckless behavior on social media, they may try to claim you are a risk-taker and may have been acting recklessly when the accident happened.
3. Witness statements – any eyewitness reports of the car accident, including other drivers or pedestrians that may have seen the events leading up to the crash. These can help insurance companies determine fault.
4. Photos and videos of car accident scene – the other driver’s insurer will look at any photos or videos you provide, and may do their own inspection of your vehicle and the physical evidence at the site of the accident. The angle and depth of any vehicle damage can help tell what happened during the auto accident.
5. Anything else that can help show fault – some vehicles may have “black boxes” that record information about the accident, or surveillance cameras and dash cam footage that show the fault of the drivers involved.

When dealing with insurance companies, it’s often best to say as little as possible. Their primary goal is to defend the company’s interests, not to provide you with the best possible care while you recover.

RELATED: Top 4 Most Common Mistakes When Dealing With the Insurance Company After a Car Accident

Talk to An Experienced Car Accident Lawyer

A car accident can leave you confused and disoriented. You may have said something in the heat of the moment that is later used against you. Maybe the police report mistakenly listed you as the negligent driver. You have already endured a lot of stress and pain, and knowing the insurance company is not going to treat you fairly makes everything more difficult.

A car crash attorney has valuable experience helping car accident victims like you. Determining fault for the accident is not always as straightforward as it seems.

A lawyer can help by investigating the cause of the accident and speaking to the police officers who responded to the call, eyewitnesses, and other relevant individuals. They may be able to gather evidence to show that you are the victim, including consulting medical experts or accident reconstruction specialists. Your medical reports may help support your claim that the other driver is responsible for the property damage and injuries.

Even if the other driver is clearly at fault, your car accident claim settlement may still be a much lower offer than you deserve for your injuries. Your lawyer can help by calculating the full extent of your damages, including the future costs of medical expenses. Your lawyer will carefully review all your medical records, and even get opinions from doctors, life care planners, and other professionals who can confirm the long-term financial, physical, and emotion impact of your injuries.

If the at-fault driver’s insurance coverage is not enough to cover your injuries, your lawyer may be able to find other insurance policies to recover money from. A skilled lawyer can often get you much larger settlement by negotiating with the insurance company on your behalf.

If you are the victim of another driver’s negligence, don’t hesitate to reach out to an attorney. A car accident lawyer can make sure you are treated fairly when pursuing compensation for your injuries.

The Wolf Pack Can Help

We know these laws and stipulations can be confusing. Our Oklahoma City car accident lawyers at Colbert Cooper Hill Attorneys can help you determine who was at fault for your accident and coordinate with the insurance companies on your behalf. We want you to focus on recovering, while we fight to get you the maximum compensation available for your injuries.

Our offices are located in Tulsa, Ardmore, and Oklahoma City, but we are proud to serve residents across Oklahoma. If you or a loved one was injured in a car accident, please don’t hesitate to call us today at (877) 579-6800 for a free consultation to find out your legal options.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.