Vehicle

Assessing Fault

We're responsible for determining who was at-fault in an accident. We have several professional, qualified staff who carry out this task, with one of the most important being your adjuster.

How Does My Adjuster Assess Fault?

Your adjuster gathers all the important details of your claim before assessing fault. For example, they get statements from drivers, witnesses and passengers (when needed), and compare vehicle damages to the drivers' descriptions. They may also review police reports and visit the accident scene.

Once all this information is collected, they'll assess fault, taking into consideration the facts of the case, past court decisions, the rules of the road, and common sense.

For straightforward collisions, the adjuster may only need the drivers' statements to assess fault. For example, it probably won't be necessary to do a detailed investigation if one driver rear-ends another who is stopped at a red light.

Your adjuster may also take into account any charges that have been laid.

50-50

On rare occasions--about 2% of the time--we may assess fault at 50-50. It may be because both you and the other driver contributed equally to the collision. If it is not practicable to determine the respective degree of fault between the drivers, a 50-50 finding of liability may be made. The courts follow this same principle.