How does an insurer determine the degree of negligence?
After reviewing the facts relating to the accident, the claims adjuster will determine the degree of negligence of their insured as compared to the person making the claim. The degree of negligence is stated in terms of a percentage of fault, such as 80% or 50% at fault for the accident. Documentation that the insurer may consider includes the police report, driver and witness statements, if available, applicable motor vehicle laws and a scene investigation showing the design and configuration of the roadway where the collision occurred.
