How is fault determined?
This is a complicated question and differs from case to case. At the settlement demand stage, i.e. before a lawsuit is filed, attorneys and adjusters generally, at least initially, look to the police report and the conclusions of the investigating officers. If there is no police report, then the people evaluating the case will generally look to whatever physical evidence exists and the statements of the drivers and witnesses. Unfortunately, police reports are frequently inaccurate, and the conclusions of the investigating officers are sometimes wrong. Thus, a police report that is favorable to one side or the other may not be conclusive as to who is at fault and, in fact, the opinions of the police officer are usually not allowed into evidence if the case goes to trial. In serious cases, attorneys hire private investigators and expert witnesses to help prove fault. Ultimately, if the case does not settle, a judge, jury, or arbitrator will decide who is at fault and the relative percent
This is a complicated question and differs from case to case. At the claims stage, i.e. before a lawsuit is filed, attorneys and adjusters generally, at least initially, look to the police report and the conclusions of the investigating officers. If there is no police report, then the people evaluating the case will generally look to whatever physical evidence exists and the statements of the drivers and witnesses. Unfortunately, police reports are frequently inaccurate and the conclusions of the investigating officers are sometimes wrong. Thus, a police report that is favorable to one side or the other may not be conclusive as to who is at fault and in fact the opinions of the police officer are usually not allowed into evidence if the case goes to trial. In serious cases, attorneys hire private investigators and expert witnesses to help prove fault. Ultimately, if the case does not settle, a judge, jury or arbitrator will decide who is at fault and the relative fault of all of the pa
