How's does an insurance company decide who is at fault in a car bump?

Question

I mean minimal damage would they bother to come out?

Answer 1

They base it on what happens. Legally you are responsible for the front of your car and the back of theirs So if they break suddenly and you hit them, technically its your fault even if they do that for no reason. If someone admits fault for the accident, they take that into account too. They have to assess the damage to work out whether its cheaper to repair it or just to replace it. If there's doubt over the blame for the accident then they might have to investigate.

Hope that helps...

Answer 2

The general rule insurance companies use to decide who is at fault is to decide which driver was negligent. To do this they usually use the HIghway Code - thus if someone is reversing the Highway Code puts extra importance on this and so a reversing driver is more likely to be at fault - similalry the code states that you should give sufficient space between you and the driver in front so you can brake and stop - so if you run into the back of someone the fault is probably yours.

Other examples are : indicating - you must not rely on an indicator so if you pull out of a junction because the car coming was indicating to turn left then it is your fault (I nearly had an accident when the car indicated to turn left, pulled into the road slightly, realised it was the wrong road and then pulled out again and kept on going)

Obviously there are cases where the code does not help - a typical example is overtaking a car that turns right. Were they indicating or not? Unless there are witnessess liability tends to be split.

If you have an accident then you must report it to your own insurance company. If you have minor damage and you feel the other driver was at fault then you claim from the other driver - they report it to their insurance company. The company usually ask you to get two estimates to repair the vehicle and then say they have no objection to you going ahead at the lower. At this stage liability is not necessarily discussed - the aim is to minimise the time you are without a car. Once the insurance company have looked at your story and the other drivers they then decide whether their driver was at fault, if liability should be split or they decide you were at fault and defend the case.

Other than for the simplest accidents you should let your legal expenses/ULR policy handle the claim.

For comprehensive policies your insurance company will authorise repairs, but you will have to claim your excess back in similar situations.

Answer 3

Insurance companies use the official Police Accident Report form to determind who is at fault is there is none, they they usually take the two stories and figure out who is at fault.

Depending on the amount of the damage it is sometimes better not to go through your insurance company, meaning if the total cost of the damages is equal to or less than your deductible then it is going to come out of your pocket regardless so there is really no point in reporting it to your insurance company.

Also sometimes depending on how much over your deductible the cost of the damages is you might as well pay out of pocket.

For instance if your deductible is $500 and the total amount of the damages is $700 if you have the extra $200 to spare you might as well pay the whole thing instead of risking your insurance premiums going up over a lousy $200.

Answer 4

Well, I will speak about european insurance companies, but I suppose they would act in a similar way in other countries.

First of all they will check the evidences. If even police says it's not your fault and the other one has to pay, then the company will accept it.
If it seems that it could be your fault, they will check more. (Some people will say that it's to give you less money) Sometimes you will feel abused, because it really wasn't your fault, and they can pick on details.
Anyway, as soon as they had to pay somedamage you made with an accident, than you can be sure that the amount you have to pay each month(year) will increase

Answer 5

Insurance companies won't ALWAYS send an adjuster out. I had a moped go into the back of me last year and his insurance company paid for a new bumper and tailgate without coming to see my car.

To decide who is at fault, they will look at whether the accident was avoidable. If it was, which party could have played a part in avoiding the accident? Other factors such as dangerous or drink driving will come into play as well.

Answer 6

Yes, any time they are potentially in a position they would have to pay out, they will investigate. They determine fault by talking to all parties involved and getting statements, by reading the police report if one is available, and by the forensic evidence found looking at the damage.

Answer 7

Alot of time the insurance will each pay for the one they have insured. But if you are sure that it was someone elses fault make sure that you get law enforcement to investigate the accident. Also make pictures just in case there is questions later. If you use your insurance you premium may go up

Answer 8

IT IS CALLED GETTING A POLICE REPORT AND THIS WAY WHOEVER IS AT FAULT YOU WILL AT LEAST HAVE SOMETHING IN WRITING TO PROTECT YOU IN THE EVENT THAT THE OTHER PERSON COMES AFTER YOU LATER CLAIMING RIDICULES EXPENSES AFTER ALL IS SAID AND DONE.

YES THE INSURANCE WILL ALWAYS COME OUT BECAUSE THIS IS THEIR JOB AND BELIEVE IT OR NOT THEIR ARE SOME INSURANCE COMPANIES THAT DO PROTECT THE INSURED.

Answer 9

If reported they will come out, in the person of an adjuster. The determination is made from the position of the vehicles, and who was cited, if there was police presence.

Answer 10

Depends on how much the claim is for, if its relatively small they depend on witnesses and look in detail at the circumstances to check it all ties up.

If its a large amount or involves injury they will get a loss adjustor out who will asses it all.