Insurance adjusters are employees of insurance companies who investigate car accidents, assess damages, and determine liability. They rely on several methods to assess fault in an accident. Fault determination is critical because it directly impacts compensation for injuries and damages.
At Grossman Green PLLC, our Louisville car accident attorneys understand how stressful this process can be, and we’re here to provide guidance and advocacy for injured individuals in Louisville and surrounding areas.
How do adjusters determine who is at fault?
Here’s a breakdown of the steps insurance adjusters typically take.
1. Reviewing police reports
Adjusters begin by examining the police report, which provides an official account of the accident. This document often includes details such as:
- Statements from drivers and witnesses.
- The officer’s observations of the scene.
- Citations issued to any party (e.g., for speeding or running a red light).
- The officer’s assessment of factors that contributed to the accident.
Police reports can strongly influence an adjuster’s fault determination.
2. Gathering witness statements
Witness accounts can clarify what happened and who may have been responsible. Adjusters may contact witnesses directly to corroborate details provided by the involved parties.
3. Examining physical evidence
Adjusters analyze the physical evidence from the accident scene, including:
- Photos of vehicle damage, road conditions, and skid marks.
- Surveillance footage, if available.
- The positioning of vehicles after the collision.
- Inspection of the vehicles involved in the collision.
4. Consulting traffic laws
Adjusters use traffic laws and regulations to determine whether any party violated them, contributing to the accident. In Kentucky, statutes such as those in KRS Chapter 189 govern road rules, which adjusters may reference.
5. Interviewing the parties involved
Adjusters may contact drivers to hear their accounts of the accident. While it’s important to cooperate, remember that anything you say could impact the fault determination. It’s wise to consult with an attorney before speaking to an adjuster.
6. Reconstructing the accident
In complex cases, adjusters may work with accident reconstruction experts to analyze the sequence of events and pinpoint fault.
Kentucky’s pure comparative fault system
Kentucky follows a pure comparative fault rule, meaning each party’s compensation is reduced by their percentage of fault. For example, if you’re found 20% at fault for an accident, your compensation will be reduced by 20%. This system makes accurate fault determination crucial to your claim.
Challenges in determining fault
While adjusters aim to determine fault, their findings may not always align with your perspective. Their primary goal is to protect the insurer’s financial interests, which can sometimes lead to undervaluing claims or unfair assignment of fault. Insurance companies may:
- Assign partial fault to reduce their payout.
- Rely on biased interpretations of evidence.
- Minimize or dispute the severity of your injuries.
These challenges underscore the importance of having an experienced attorney to advocate for you.
How Grossman Green PLLC can help
At Grossman Green PLLC, we’re committed to protecting the rights of injured individuals in Louisville. Here’s how we assist with fault disputes:
- Thorough investigation – We conduct our own investigation, gathering evidence such as photos, witness statements, and expert opinions to build a strong case.
- Negotiation with insurers – Our attorneys handle all communication with adjusters, ensuring your rights are protected and your case is presented fairly.
- Legal expertise in Kentucky law – We use our knowledge of Kentucky’s comparative fault laws to advocate for an accurate fault assessment and maximize your compensation.
- Litigation support – If necessary, we are prepared to take your case to court to fight for the justice and compensation you deserve.
SummaryAdjusters determine fault by reviewing evidence, consulting traffic laws, and relying on police reports and witness statements. However, their conclusions may not always be in your best interest. At Grossman Green PLLC, we’re here to guide you through the process, ensuring your story is heard and your rights are protected. |