- In general, insurance companies determine fault, based on the legal definition of negligence in the state. A driver is considered to be negligent when he or she fails to exercise the amount of caution a reasonable person would under the same circumstances.
- When both parties carry some degree of fault- states have the option of turning to one of the following rules: Pure Comparative Fault states that you may always seek damages, even if you’re partially at fault for the accident. However, the amount of compensation you receive may be comparable to your degree of fault.
- How a PO determine who’s at the fault in the car accident?
After a car accident is reported to the police, officers are responsible for preparing a police report about what happened. A police officer will investigate and examine the drivers and any witnesses about the auto accident, asking a series of questions designed to piece together an accurate account of what occurred following the established traffic rules of that state.
Once the police officer decides that he or she has enough information, they will submit their report to their department. The police report may contain a statement about who was at fault for the auto accident based on the police officer’s professional judgment.
Conclusion- Firstly, in a road accident, to determine who’s fault was it, is the liability of the insurance company as they are the solely responsible people to pay for the damages. On the other hands, when the matter goes to the police, the police officer based upon their professional knowledge will investigate the matter and by following the pieces of evidence shall determine the fault. Generally, it is considered to be the rear driver’s fault during a road accident but it is also subjected to exceptions.