Who Determines Fault in a Car Accident?

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Most car accidents begin with two or more vehicles smashing into each other. The result is a mix of steel, glass, and rubber. When all of the involved vehicles sustain significant damage, it becomes difficult to tell who is at fault after a car crash. Add more cars to the mix, and the difficulty of determining fault increases significantly. 

Several parties can determine who caused the car crash. Besides the drivers involved, law enforcement, insurance companies, and even a car wreck lawyer can shed light on who was negligible at the moment of the crash.

Knowing who establishes fault in a car accident is useful. By knowing who determines fault, you will know what to do after the crash. 

Read on to learn more about who can determine fault after acar wreck in Connecticut

The Drivers on the Scene

Fellow drivers may decide who is at fault following the crash. Drivers will determine who caused the accident by hearing each other’s testimonies. From accounts, drivers on the scene will piece together certain parts of the story and see who caused the crash. 

Despite the convenience of this approach, an experienced car wreck lawyer or insurance provider would not recommend this. After all, drivers can alter stories to shift blame and accountability. Besides that, the initial shock of the collision can place drivers in altered states of mind that are not conducive to providing accurate accounts of events. 

While drivers can settle matters on the scene, it’s not the best way to determine fault. 

Law Enforcement

There is a reason that car wreck lawyers recommend calling the police or highway patrol after a car accident. When the police arrive, they gather statements and evidence on the scene. The statements will not just come from the drivers involved but also eyewitnesses. 

After gathering evidence, the police will diagram the incident. From here, law enforcement can determine who is accountable based on where the cars are facing and where the impact points are. The police can also determine liability or fault based on who committed a traffic violation. 

Though they aren’t 100% accurate, police reports offer the most accurate portrayals of car wrecks. For this reason, the police report is pivotal to a claim’s proceedings. 

Insurance Providers

Insurance providers cover policyholders for damages and injuries. If you have auto insurance, you should be able to receive coverage and reimbursements for medical treatment and property damages.

Besides covering their policyholders, insurance providers can launch investigations. These investigations aim to establish that the other driver was at fault. If the company can do this, it can file a claim with the other driver’s insurer. This is a process called subrogation. 

Subrogation allows an insurance company to recover money from the insurance provider of a liable party. The money recovered reimburses the insurer for any amount it has paid to cover its policyholder. 

Arbitration

Arbitration Forums is a non-profit organization that allows insurance providers to settle disputes during subrogation claims. Insurance companies can settle disputes online not by just determining fault but by apportioning payments. 

Insurance parties can file for arbitration on the organization’s site. From here, the dispute resolution takes place online. 

Arbitration is a faster way for insurance companies to resolve a dispute. With arbitration, insurers no longer need to file lawsuits or a subrogation case’s resolution. 

Court

If you and the other driver(s) cannot arrive at a resolution, you can take matters to court. At this stage, the presence and representation of a car wreck lawyer will be crucial. 

A court arbitration is a trial. During a trial, the judge and jury hear both sides and decide who is at fault. 

While trials are rare for car accidents, you must prepare for the possibility. It’s beneficial to contact your car wreck lawyer immediately if you have been in a car accident. 

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