After a car accident, one of the first things drivers want to know is, Who was at fault? That question matters, not just for peace of mind, but for how insurance handles the claim, whether your rates go up, and whether you may be entitled to compensation.
You are not alone if you’re wondering, How do insurance companies determine fault? The process can seem unclear, especially when multiple people have different versions of what happened.
This page explains how fault is determined after an accident in California, the role of insurance companies and claims adjusters, and what to expect if there’s a disagreement about who was responsible.
Why Does Fault Matter in California Car Accidents?
California is an at-fault state, which means the person who caused the accident is generally responsible for the damages, such as medical bills, car repairs, and other losses.
Fault is important because:
- The at-fault driver’s insurance typically pays for the damages;
- Your own insurance rates could increase if you’re found at fault; and
- If you’re injured, proving the other driver was at fault may help you recover compensation.
But determining fault isn’t always simple. That’s why insurance companies follow certain steps to reach a decision.
How Do Insurance Companies Find Out About Accidents?
Most insurance companies learn about accidents through one of the drivers involved. Both parties usually report the crash to their respective insurance companies. Law enforcement may also submit an accident report; sometimes, witnesses come forward to share what they saw.
When a claim is filed, the insurance company assigns someone called a claims adjuster to investigate the accident.
How Do Adjusters Determine Who Is at Fault?
Claims adjusters are responsible for reviewing the facts and determining the degree of responsibility each driver bears. They may:
- Read the police report (if one was filed),
- Review photos or videos from the scene,
- Inspect the damage to the vehicles,
- Interview witnesses, and
- Request statements from the drivers.
Their goal is to get a clear picture of what happened. In some cases, this is straightforward. For example, the rear driver is often at fault in a rear-end collision. However, there may be shared fault or conflicting stories in other situations.
How Do Insurance Companies Determine Fault When It’s Not Clear?
In California, comparative fault applies. That means more than one driver can share responsibility for an accident. Each person may be assigned a percentage of fault. For example, one driver might be 70% responsible, while the other is 30%.
This system impacts how claims are processed and paid. If you’re partially at fault, your compensation could be reduced based on your share of the blame. Consider the example above, which involves $10,000 in damages. If you’re 30% at fault, you would receive $7,000.
When inquiring about how car insurance companies and adjusters reach a liability decision, keep in mind that it’s not always a straightforward, all-or-nothing decision. Partial fault often applies.
What Happens When Insurance Cannot Determine Fault?
Sometimes, both drivers deny responsibility, or there’s not enough evidence to prove what happened. When this occurs:
- Each insurer may deny liability for the other driver’s claim;
- You may need to use your own insurance to cover your losses; and
- The matter could escalate into a legal claim, where fault is determined by the courts instead of insurance companies.
If you find yourself in a situation where fault cannot be agreed upon, it’s a good time to speak with an attorney. An experienced personal injury lawyer can help gather additional evidence and represent your interests during negotiations or litigation.
Common Evidence Used to Decide Fault
Whether you’re working with your insurance company or the other driver’s insurer, fault is usually determined based on documentation. The more information you have, the easier it is to support your side.
Useful forms of evidence include:
- Police reports;
- Dashcam footage;
- Photos of vehicle damage, skid marks, or traffic signs;
- Statements from witnesses;
- Medical records showing injuries; and
- Traffic laws or codes (such as right-of-way violations).
That is why it’s helpful to document as much as you can immediately after the accident.
Your Role in the Process
As the person involved in the accident, you don’t get to make the final decision about fault, but your actions still matter. Here’s how you can help your case:
- Be honest when talking to insurers, but avoid guessing or admitting fault;
- Stick to the facts when giving a statement; and
- Provide evidence when asked, such as medical bills, repair estimates, or photos.
If you’re unsure how to handle a conversation with an insurance adjuster, you can ask to delay the statement until you’ve spoken with a lawyer.
What If You Disagree with the Insurance Company’s Decision?
You don’t have to accept an insurance company’s decision if you believe it’s wrong. You have the right to:
- File a dispute or appeal with the insurance company,
- Provide additional evidence that may help clarify fault, and
- Consult with a personal injury lawyer to review your case.
Sometimes, involving a lawyer can encourage the insurance company to look at the situation more closely.
Talk to a California Lawyer Who Understands Fault and Insurance Claims
Understanding how insurance companies decide who is at fault can help you prepare for the claims process and avoid surprises. But when you’re dealing with medical bills, missed work, and ongoing pain, the process can quickly feel overwhelming, especially if you’re unsure whether the insurance company’s decision is fair.
At The Beliz Law Firm, we take a personal, straightforward approach. Attorney Michael Beliz carefully reviews the facts of each case, explains your rights, and helps you determine the best way forward. If the insurance company denies fault or offers less than you deserve, we’re here to help you challenge that decision and protect your interests.
Contact The Beliz Law Firm today to schedule a free consultation. We’ll listen to your story, answer your questions, and help you make an informed decision—no pressure, just straightforward, experienced legal guidance.