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Fault Determination Guide

Understand how fault is determined after an accident, how it affects your claim, and what to do if you disagree with the fault assessment.

Essential Reading

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Frequently Asked Questions

Insurance adjusters determine fault for claim purposes based on police reports, witness statements, photos, and applicable traffic laws. This is separate from any legal determination.
In most states, yes. Pure comparative negligence states allow recovery minus your fault percentage. Modified comparative states have thresholds (usually 50-51%).
Document everything: photos, witness contacts, dashcam footage. Get a police report. Insurance investigators are trained to identify inconsistencies in statements.

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