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How Does an Insurance Company Decide Who Was at Fault? (Why You Want Your Own Lawyer to Determine That)

Determining who was at fault is a necessary step when you’re in a motor vehicle accident and have injuries and losses. Insurance companies play a significant role in investigating the accident and determining fault, but they are not the only parties that can decide who should be liable.

Many accident victims don’t realize the insurance company’s assessment may not always align with the truth or properly consider the victim’s best interests. In fact, often, an insurance company’s determination favors the policyholder and company. If you are seeking compensation for your losses, you might face wrongful accusations of fault by insurers trying to avoid liability. That’s why you need to have your own lawyer to determine fault in a car accident.

Read on about how insurance companies decide fault and why it’s in your best interest to hire legal representation to ensure a fair outcome. Having your own advocate investigating and making fault determinations ensures you have someone objectively protecting your interests.

If you’ve been in a motor vehicle accident and need legal assistance, contact a skilled car accident lawyer for a free consultation.

The Challenges of Determining Fault for Some Accidents

How Does an Insurance Company Decide Who Was at FaultMotor vehicle accidents are often complex events with multiple variables to consider. Insurance companies examine various pieces of evidence to determine faults, such as police reports, witness statements, accident scene photographs, and medical records. They also review applicable traffic laws and regulations. The insurance adjuster assigned to your case analyzes this information to form their opinion on fault.

However, insurance adjusters are not infallible and may make errors or overlook crucial details that can impact your claim. That’s why having your own lawyer to investigate and assess fault independently is crucial.

The Role of the Insurance Adjuster

Insurance adjusters are tasked with evaluating claims and determining fault for motor vehicle accidents. Insurance companies employ them to protect their interests and minimize the compensation they pay out. While insurance adjusters are trained to conduct investigations and assess fault, remember that they work for the insurance company, not for you. Their primary goal is to protect the financial interests of their employer. As a result, their determination of fault may not always be in your best interest.

Potential Biases in Insurance Company Assessments

Insurance companies are motivated to minimize their liability and payouts. This motivation can lead to potential biases in their assessment of fault. The insurance adjuster assigned to your case may naturally assign a larger portion of the fault to you or another involved party. This bias can arise from the pressure to protect the insurance company’s bottom line. Having your own lawyer can ensure an impartial evaluation of the facts and a fair determination of fault.

The Importance of an Independent Investigation

Having your own lawyer to determine fault in a car accident allows for an independent and thorough investigation. Your lawyer will collect evidence, interview witnesses, and assess the accident scene to build a strong case on your behalf. They have the skills to identify hidden factors that may have played a role in the accident, such as negligent road maintenance or faulty vehicle parts. By conducting an independent investigation, your lawyer can challenge the insurance company’s determination of fault and present a compelling case in your favor.

Dealing with the Insurance Company

When you’re involved in a motor vehicle accident, one of the first things you’ll need to do is deal with the insurance company. However, you should proceed with significant caution and not rush into anything without first consulting with an attorney. Insurance companies are known for trying to minimize their liability and payout as little as possible, which is why having your own lawyer to manage the process is crucial.

One mistake many accident victims make is giving a recorded statement to the insurance company without consulting their attorney first. Insurance adjusters are skilled at asking questions in a way that may make you admit fault or downplay the severity of your injuries. By having your attorney present during any communications with the insurance company, you can avoid making damaging statements that can jeopardize your claim.

Another common tactic insurance companies use is offering a quick settlement soon after the accident. Quick settlements can often be tempting, especially when dealing with medical bills and other expenses resulting from the accident. While it may be tempting to accept the money and move on, your injuries may have long-term implications that can require ongoing medical treatment and rehabilitation. By accepting a quick settlement, you may be forfeiting your right to seek further compensation for these future expenses. It’s always best to consult your attorney before agreeing to any settlement offer.

Insurance companies will often try to shift blame onto you or share the fault between both parties involved in the accident. This is where having your attorney becomes invaluable. Your lawyer will thoroughly investigate the accident, gather evidence, speak to witnesses, and consult with experts to determine who was at fault. They will fight to ensure that the insurance company doesn’t unfairly place the blame on you and reduce or deny your claim.

Another vital reason to have your lawyer is to ensure your claim is not delayed. Insurance companies may try to drag out the process, hoping you will give up or accept a lower settlement out of frustration. Your lawyer will have the knowledge and experience to address any obstacles that may arise, keeping your case moving forward and ensuring that you receive a timely resolution.

Remember, the insurance company’s main objective is to protect their own interests and minimize their financial liability. They are not on your side, despite what they might say or how friendly and concerned the insurance adjuster might seem. Having your attorney will level the playing field and ensure your rights are protected throughout the claims process. Your attorney will negotiate with the insurance company, seeking the maximum compensation you deserve for your injuries, medical expenses, lost income, and pain and suffering.

Hire your car accident attorney before you begin dealing with the insurance company after a motor vehicle accident. Don’t give a recorded statement without consulting with your attorney first, don’t agree to the first settlement offer, and most importantly, refer all communication with the insurance company to your attorney. Your lawyer will fight to ensure the insurance company doesn’t take advantage of you and will work tirelessly to secure the full and fair compensation you deserve.

Protecting Your Legal Rights

Retaining a car accident attorney to determine fault ensures a fair assessment and protects your legal rights. Insurance companies have teams of lawyers working to protect their interests, and you should have the same level of legal representation to safeguard your rights. Your attorney will handle every step of the legal system on your behalf, ensuring that you receive the compensation you deserve. They will negotiate with the insurance company and, if necessary, advocate for you in court to maximize your chances of a favorable outcome.

The Potential Impact on Your Claim

The determination of fault in a motor vehicle accident has a direct impact on your claim. Suppose the insurance company assigns a significant portion of fault to you. In that case, it may reduce the amount of compensation you receive. In some cases, the insurance company may deny your claim altogether based on their assessment of fault. By having your lawyer investigate and determine fault, you increase the likelihood of a fair evaluation that takes into account all relevant factors and increases your chances of receiving the compensation you deserve.

Hiring a Lawyer: Your Legal Right After a Car Accident

As a motor vehicle accident victim, you have legal rights that can help you seek compensation for your losses. You have a right to hire your lawyer to determine fault and protect your rights.

Having a lawyer experienced in motor vehicle accident cases can make a difference. They will gather evidence, interview witnesses, consult with accident reconstruction experts, and analyze police reports to build a strong case on your behalf. By having your legal representation, you can ensure that your rights are protected and that you have a knowledgeable advocate fighting for your best interests.

The Benefits of Legal Representation

Having your lawyer determine fault in a car accident has several benefits. Firstly, they have a deep understanding of the law and the legal process, which allows them to build a strong case on your behalf. They have the necessary resources and skills to investigate the accident and evaluate the evidence thoroughly. Additionally, your lawyer will handle all communication with the insurance company, alleviating your stress and burden. They will advocate for your rights and fight for fair compensation, giving you the peace of mind of knowing your case is in capable hands.

Questions to Ask When Hiring a Car Accident Lawyer

Questions to Ask When Hiring a Car Accident LawyerOne crucial decision you’ll need to make is choosing the right car accident lawyer to represent you. To ensure you have the best chance of receiving the compensation you deserve, always ask the right questions when hiring a lawyer. When hiring a car accident lawyer, be sure to ask the right questions to ensure you’re making an informed decision. Here are some essential questions to ask:

  • How much experience do you have with car accident cases? You want to hire a lawyer with a track record of success in handling car accident cases like yours.
  • What is your success rate in car accident cases? Ask the lawyer about their past outcomes and success in securing fair client compensation.
  • How do you charge for your services? Ask about the fee structure and whether they charge hourly or contingency fees. Get a clear understanding of how much you can expect to pay.
  • Are there any additional expenses I should be aware of? Inquire about potential additional expenses, such as expert witness or court filing fees. You need to understand how these costs will be handled.
  • How do you approach car accident cases? Ask about the lawyer’s strategy and approach when handling car accident cases. Get a sense of their communication style, how they involve clients in the process, and how they handle negotiations or court proceedings.
  • Will you handle my case personally or pass it on to someone else? It helps to know who will be handling your case. Some law firms may assign your case to a junior attorney or paralegal, while others may give it proper attention from a senior attorney. Ensure you understand who will be your primary point of contact and who will be responsible for handling the important aspects of your case.
  • Can you provide references or testimonials from past clients? Asking for references or testimonials from past clients can give you valuable insights into the lawyer’s track record and level of satisfaction among previous clients. It’s an opportunity to learn about their experience working with the lawyer and the outcome of their cases. A lawyer confident in their abilities will be more than willing to provide references for you to contact.

Choosing the right car accident lawyer can significantly impact the outcome of your case. By asking these questions, you can better evaluate their experience, qualifications, and whether they fit you. Remember, you should consult with an attorney as soon as possible after an accident to protect your rights and improve your chances of receiving fair compensation.

Hire an Experienced Car Accident Attorney Today: Let Them Determine the Fault

When determining fault in a motor vehicle accident, insurance companies have their own agenda and biases that may not align with your best interests. That’s why you should have your lawyer investigate and assess fault independently. Your lawyer will fight for your rights, challenge the insurance company’s determination, and ensure you receive fair compensation. If you’ve been involved in a motor vehicle accident, contact a skilled injury attorney in Denver today to guide you through the legal process and help you secure the compensation you deserve.

Lauren Varner, Personal Injury Attorney

Lauren is a Personal Injury Attorney. She is Colorado native who became involved with the field of personal injury long before she became an attorney. Lauren’s professional philosophy centers around good old fashioned hard work, producing quality work product, and treating others professionally, with dignity and respect at all times.

Awards and as featured on

National Trial Lawyers Top 40 Under 40 Included in TOP 40 Under 40 by The National TRIAL Lawyers in Centennial CO Varner Faddis Top Lawyers Denver Badge – 5280 Magazine American Institute of Personal Injury Attorneys 10 Best Attorney Top 40 Under 40 5280 Denver Top Lawyers