Determining Fault
Insurance companies use the Fault Determination Rules to determine which driver is at-fault in an accident. To review the Fault Determination Rules go to InsuranceHotline.com. The rules are in the “Tickets & Accidents” section of the website.
At-Fault: In a collision, fault is always assigned or shared by drivers. Where only one vehicle is involved in an accident, fault is assigned to that driver, and the insurance rate will increase on renewal. As far as Insurance companies are concerned, the car didn’t drive into the guardrail, you did. You are expected to be in complete control of your car at all times. It doesn’t matter if you swerve to avoid hitting a dog, deer or another vehicle. If you hit something else in the process, then it’s your fault.
Weather and road conditions can’t be blamed for an accident when it comes to your insurance. Even if the police determined you did nothing wrong and were not ticketed, your insurance company has the final say in determining fault for the accident.
Not At-Fault: If you are considered to be not at-fault by your insurance company, your rate will not increase.
Partially At-Fault: If your insurance company considers you "partially" at-fault, this may sound okay, but it's not. It holds the same weight as being completely at-fault, and your insurance rate will increase. So, get your facts right and clarify your degree of fault with your adjuster, right away. This is much easier to do at the time the accident is being investigated, rather than afterwards. If you are being classified as partially at-fault, fight it if you can.
Don’t Be Tricked: If an insurance company contacts you to find out details of the accident, make sure that it is YOUR insurance company asking the questions.
Sometimes, the other driver’s insurance company will call to get more details, and you may be found at-fault for the accident because of some twist of information you gave. Let the other driver's insurance company contact your insurance company. They don’t need to speak to you.