Being involved in a car accident is an unfortunate event that many people may experience at some point in their lives. If you find yourself in this situation, it is likely that an insurance adjuster will play a role in determining who is at fault for the accident.
Clients of Law Offices of Fernando D. Vargas often ask us how insurance adjusters assign fault and what can be done if they disagree with the assessment. In this article, we will explore the process of fault determination and provide guidance on handling such situations. If you require a free legal consultation, feel free to contact us at 909-982-0707.
The Police Report: A Starting Point, but Not the Final Word
Many individuals believe that the police report alone determines fault in an accident. However, it is important to note that the police report is just the beginning of the process. While it contains valuable information, it may not provide a complete or entirely accurate picture of the incident.
Acts of Negligence as Determinants of Fault
Acts of negligence play a crucial role in assigning fault for an accident. If one party was acting negligently, they may be held partially or entirely responsible. Negligent actions include speeding, driving under the influence of alcohol or drugs, disregarding traffic laws or signs, and reckless driving, among others. Nevertheless, when the presence of negligence is unclear, insurance adjusters may hesitate to offer a fair settlement, or even deny a settlement altogether.
Factors Considered by Insurance Adjusters
Insurance adjusters take into account various factors to determine fault. Apart from the information provided in the police report, they assess the statements made by both parties involved in the accident, examine the extent of vehicle damage, gather evidence of negligence, and consider eyewitness testimonies. It is important to remember that while your attorney will utilize the same factors, they are working in your best interest, whereas the insurance adjuster is primarily focused on protecting the insurance company’s interests.
Multiple Parties Can Share Fault
It is crucial to understand that fault is not always attributed to a single party. In many cases, multiple drivers may bear some degree of responsibility. Under California’s personal injury laws, when multiple parties are at fault, each party can recover compensation in proportion to their assigned percentage of fault. For instance, if you are determined to be 50% at fault, you may still be eligible to receive 50% compensation for your damages if another party is also assigned 50% fault.
Call Now for a Free Legal Consultation
If you are uncertain about your legal options following an accident, it is advisable to seek guidance from a knowledgeable attorney. Law Offices of Fernando D. Vargas can provide you with a free legal consultation to help you understand your best course of action based on your specific circumstances. Contact us today at 909-982-0707 to schedule your consultation and receive the support you need.
