How does insurance determine fault in an accident?
I was merging into the left lane with my turn signal on for several seconds when another driver sped up and collided with the back corner of my truck. I tried to steer back into my lane, but the icy conditions caused my truck to slip, making it impossible to get back into my original position quickly. The other driver seemed to panic and ended up scraping their entire driver’s side against the concrete wall. I contacted state patrol dispatch, but they informed me that it would be a while before anyone could come out to take a report, so we didn’t end up filing one. My truck sustained minimal damage, but the other vehicle was pretty banged up. It’s essentially our word against theirs. How will the insurance companies determine who is at fault in this situation?
In situations like yours, insurance companies typically consider several factors to determine fault in an accident. Here’s how they might evaluate the situation:
Statements from Each Driver: Both parties’ accounts of what happened will be taken into consideration. The fact that you had your turn signal on and tried to merge safely will be an important aspect of your statement.
Witnesses: If there were any witnesses to the accident, their statements can help corroborate your version of events.
Physical Evidence: The location and extent of the damage to both vehicles can provide clues about how the accident occurred. For example, if the damage on your truck is minimal and primarily on the other driver’s side, it may support your claim that they were in the wrong.
Traffic Laws: Insurance adjusters will look at local traffic laws regarding merging and lane changes. If it can be determined that you were following the law while the other driver was not, it could influence the fault determination.
Police Report: Although you mentioned that a report wasn’t made, if there are any police reports or statements from law enforcement involved later, that could play a significant role.
Weather Conditions: Since you mentioned icy conditions, both parties’ actions considering those conditions will be scrutinized. If you can show you were driving cautiously given the circumstances, that may help your case.
Typically, each party’s insurance companies will investigate the incident, evaluate the information gathered, and determine liability based on the facts. It can be beneficial to document everything you can remember about the incident, including any relevant details about weather conditions and communications with the other driver. If your insurance company is involved, they may also assist you in navigating the claims process.