Insurance adjusters determine who is at fault in a car accident in Bakersfield by investigating the crash, gathering evidence, and applying California’s comparative fault laws to the situation. They review police reports, analyze statements from all parties, examine vehicle damage, and assess any available photos or video footage to reconstruct the event.
A personal injury attorney’s insight helps you anticipate the adjuster’s methods and build a strong case to demonstrate the other driver’s liability. Their experience and knowledge protect your rights, helping you work toward a resolution that accounts for your injuries and losses.
Key Takeaways
- Insurance adjusters collect and analyze multiple forms of evidence, including police reports, driver and witness statements, and physical damage.
- California’s pure comparative negligence rule means you can still recover damages even if you’re partially at fault for the accident.
- The adjuster’s final decision on fault isn’t the final word; you have the right to challenge their findings.
- A car accident lawyer manages communication with the adjuster and presents evidence strategically to protect your interests.
Searching for Negligence
When an insurance adjuster investigates an accident, their entire process centers on uncovering negligence. In legal terms, negligence occurs when a person fails to use the level of care that a reasonably sensible person would have used under the same circumstances.
Every driver on the road has a duty to operate their vehicle safely; when they breach that duty by speeding, texting, or violating a traffic law, and that action causes an accident, they’re considered negligent.
The Evidence Adjusters Scrutinize in Bakersfield Auto Accidents
Adjusters investigate for the insurance company, and their primary goal is to close claims while protecting the company’s financial interests. They do this by gathering and analyzing various pieces of information to create a picture of what happened.
Their final report forms the basis of their liability decision. The adjuster pieces together a narrative of the moments leading up to the collision. It’s common for different pieces of evidence to tell slightly different stories; the other driver’s recollection may conflict with yours.
The Official Police Report
A police report is often the first document an insurance adjuster requests. This report contains valuable information gathered at the scene of the crash and provides an official, third-party account of the incident.
This document serves as a foundational piece of the puzzle because it establishes a baseline of facts that the adjuster builds upon during their investigation. While the officer’s opinion on fault is influential, it isn’t legally binding.
Adjusters value police reports because they contain:
- Diagrams of the Accident Scene: The report includes a visual representation of the vehicles’ positions before, during, and after the impact.
- Officer’s Narrative: It provides a summary of the officer’s observations and any statements made by drivers or witnesses at the scene.
- Citations Issued: The report lists any traffic tickets that were given to either driver for violations like speeding or running a red light.
Statements From Drivers and Witnesses
After reviewing the police report, the adjuster usually wants to hear from the people involved. They’ll contact you and the other driver to get individual accounts of the accident. They also seek out any witnesses who saw what happened.
The adjuster will compare these statements against each other and against the physical evidence. Discrepancies are common, as people often remember stressful events differently. The adjuster’s job is to identify the most plausible version of events.
Be cautious when talking about your auto accident, especially to insurance representatives. Anything you say could be used against you—and in the heat of the moment, it’s all too easy to slip up and say something you don’t mean.
Even a polite apology or saying you didn’t see the other car might be misconstrued as an admission of fault. Your social media posts matter too. Insurance companies often investigate victims’ backgrounds, including crawling through their online activity to find some evidence of fault or an exaggeration of their injuries.
The Physical Evidence
Physical evidence from the accident scene provides objective clues about what happened and is difficult to dispute. It helps the adjuster verify or challenge the statements made by the drivers. A photograph of a vehicle’s damage speaks more directly than a conflicting verbal account.
For accidents that occur in areas like the Stockdale or Seven Oaks neighborhoods, nearby security cameras might capture footage that becomes invaluable.
Common types of physical evidence include:
- Vehicle Damage: The location and severity of the damage to each car can reveal the angle of impact and the forces involved.
- Photos and Videos: Pictures from the scene, dashcam footage, or surveillance video may provide a clear record of the accident.
- Scene Debris and Skid Marks: The final resting positions of the vehicles, skid marks on the road, and debris help reconstruct the accident sequence.
California’s Comparative Negligence Rule Explained
California operates under a pure comparative negligence system, which directly impacts how compensation is awarded in personal injury claims. This system allows you to recover damages even if you were partially responsible for the crash.
Under pure comparative negligence, your percentage of fault simply reduces your total compensation. For example, if you’re found to be 5% at fault, you can still collect 95% of your damages.
The insurance adjuster’s assessment of your percentage of fault is a major point of negotiation. They might try to assign you a higher percentage of blame to reduce the amount the insurance company has to pay.
How Adjusters Assign a Percentage of Fault
Assigning a percentage of fault isn’t an exact science. The adjuster uses the evidence they have collected and compares the actions of each driver to California Vehicle Code rules. They look at who had the right-of-way, who was speeding, or who made an unsafe lane change.
For instance, consider a common scenario at a busy intersection like Coffee Road and Truxtun Avenue. If one driver made a left turn without yielding to oncoming traffic and was hit by a driver who was going 10 miles over the speed limit, the adjuster has to weigh these factors.
The driver who failed to yield likely bears the majority of the fault, but the speeding driver also contributed to the collision. The adjuster might assign 80% of the fault to the turning driver and 20% to the speeding driver.
What Happens if You Disagree With the Fault Assessment?
You don’t have to accept the insurance adjuster’s determination of fault. If you believe their assessment is inaccurate, you have the right to dispute it. Disagreeing with the adjuster’s decision in California is a common part of the claims process.
To successfully challenge their conclusion, you need to present a strong counter-argument. This typically involves providing new evidence or re-interpreting existing evidence to show why the other driver bears more responsibility.
This is where having a skilled legal advocate makes a significant difference; a personal injury lawyer can combat false accusations of blame and push back on unfair allocations of fault. Attorneys can investigate, find witnesses, or uncover missed surveillance footage.
The Role of Recorded Statements in a Fault Investigation
Shortly after the car accident, the other driver’s insurance adjuster will likely contact you. They’ll likely ask you to provide a recorded statement about the accident. While it seems like a reasonable request, it’s a tactic used to gather information that can be used against you.
The purpose of a recorded statement is to lock you into a single version of events, told in their terms. Adjusters are trained to ask specific questions designed to elicit responses that can be interpreted as an admission of fault.
Anything you say in that recording can and will be used to determine liability. It’s generally a good idea to politely decline this request until you have spoken with a lawyer.
How a Lawyer Helps After a Car Accident in Bakersfield
When you face the complexities of a Bakersfield car accident fault investigation, a personal injury lawyer becomes your most valuable ally. They understand the tactics adjusters use and know how to counter them effectively.
Here is how they assist:
- Gathering Evidence: Your attorney can conduct a separate, thorough investigation into the accident. They collect police reports, track down witnesses, and obtain traffic camera footage to build a compelling case on your behalf.
- Managing Communications: Your lawyer takes over all communication with the insurance companies. This prevents you from inadvertently saying something that could damage your claim and allows you to focus on your recovery without the stress of dealing with persistent adjusters.
- Building Your Case: They meticulously document your injuries and losses. This includes not just medical bills and vehicle repairs but also lost wages and the impact on your quality of life. You may seek compensation for emotional trauma claims if there is an accompanying physical injury.
- Negotiating a Fair Settlement: An experienced attorney knows how to accurately value your Car Accident Claim. They can challenge any unfair liability assessments and negotiate forcefully with the insurance company to secure a settlement.
- Taking Your Case to Court: If the insurance company refuses to offer a fair car accident settlement, your lawyer can file a lawsuit and represent you in court.
FAQ for How Do Insurance Adjusters Determine Who is At Fault in a Car Accident in Bakersfield?
Can I Still Recover Compensation if I Was Partially Responsible for the Wreck?
California’s pure comparative negligence rule allows you to seek compensation even if you share some responsibility for the accident. The total amount of compensation you receive is reduced by your percentage of fault.
What Is the Most Important Evidence an Adjuster Uses To Determine Fault?
While all evidence is important, an official police report often carries significant weight because it’s a neutral, third-party account created at the scene.
However, clear photographic or video evidence, such as from a dashcam or a security camera, can be even more powerful because it offers an objective, indisputable view of what happened.
Witness statements and the physical damage to the vehicles are also very influential pieces of the puzzle.
What if There Were No Witnesses to My Car Accident?
If there were no witnesses, the insurance adjuster’s decision on fault would rely more heavily on the physical evidence and the statements from you and the other driver. The location and type of damage to each vehicle, skid marks, and other roadway evidence help reconstruct the accident.
Should I Talk to the Other Driver’s Insurance Adjuster?
You’re not required to give a recorded statement to the other driver’s insurance adjuster. It’s often wise to politely decline their requests for a statement until you have consulted with a personal injury attorney.
Adjusters for the opposing party ask questions that may get you to accidentally admit fault or downplay your injuries, both of which harm your claim.
How Do Bakersfield Insurance Adjusters Determine Fault When Both Drivers Claim the Other Is Liable?
When both drivers blame each other, the adjuster must act like a detective and rely on objective evidence. They’ll closely examine the police report for the officer’s initial assessment.
Adjusters analyze the vehicle damage to help pinpoint who likely violated the right-of-way. They’ll also look for independent witnesses or any available video evidence to break the stalemate.
Let Us Handle the Fight for You
The days following a car accident are often confusing and stressful. When you are focused on healing, the last thing you need is the pressure of dealing with an insurance company’s investigation. Let the team at the Law Offices of Mickey Fine stand up for your rights.
We can manage the entire process, from gathering evidence to negotiating with adjusters, so you can focus on what matters most—your recovery. Call us today at (661) 333-3333 for a free consultation.