Insurance companies can always choose to disagree with police findings when determining liability. You should always call the police to the scene of an accident.

Photos of the accident can help establish what happened and the extent of the damages. Witnesses statements, while less reliable, can help explain what happened. If several people corroborate each other, then this can help solidify a case. Police reports provide an impartial view of what happened at the scene. However, unless the police officer witnessed the accident, it is based on the evidence they collected at the accident. [3] X Research source Video cameras (private and public) may show what happened in an accident. The physical evidence from the accident will also play an important role in determining fault. This includes damage to the vehicles, skid marks, paint on a car, etc.

Although these situations are common, they are not always the case. Make sure that you consider the full situation to make a determination of fault and not just whether the driver rear-ended another or was making a left turn. For example, if a driver slammed on his or her breaks without justification, that driver may be at fault if another driver rear ends him or her. Similarly, a driver making a left turn on a green arrow obviously isn’t at fault if someone else runs a red light.

In situations without witnesses and conflicting information—especially regarding which driver had a green light—insurance companies (and lawyers if a hearing is applicable) is try to determine which driver is more credible based on driving record and other information. [4] X Research source

Negligence may be an obvious violation of traffic law, such as running a red light, or a subtler failure to drive responsibly. Common examples of driver negligence include driving without headlights on at night, failing to look both ways before turning, failing to wear glasses with poor eyesight, or not using a blinker at a turn.

In those states, each insurance company is responsible for covering their insured claims. [6] X Research source In Kentucky, New Jersey, and Pennsylvania, consumers have the choice between no-fault and the “full-tort” coverage found in the other thirty-eight states. [7] X Research source

The few states that have pure contributory negligence laws include Alabama, the District of Columbia, Maryland, North Carolina and Virginia. [9] X Research source

States where this applies include Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington. [11] X Research source

These states include Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming. [13] X Research source

States that have adopted this standard include Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia. [15] X Research source