Author: Shelby Benavidez
Contributing Attorney: Sean Szlacktowski, attorney
If you’ve ever been in a car accident, you probably remember the initial shock, the adrenaline pumping through your body, and the questions that flooded your brain shortly after. A couple of questions tend to come up pretty quickly: Was this my fault? Who decides?
Most people assume liability is straightforward. Someone ran a red light, rear-ended another car, or failed to yield, causing an accident with another vehicle – they are clearly at fault. Case closed, right? Unfortunately, it’s rarely that simple. Insurance companies don’t care about what feels fair. They care about which story will save them the most money.
Understanding how insurance companies determine liability can make a real difference in how your claim turns out. It can help you protect yourself, avoid common mistakes, and recognize when the process isn’t as balanced as it should be. Let’s walk through how faultshould be determined, how it often actually works, and what you can do to protect your claim.
How Fault Should Be Determined in Auto Crashes
Evaluate Evidence
The way fault should be determined after an auto wreck is pretty simple. The evidence would tell a factual story, and liability would fall on whoever caused the evidence based on those facts. This should start by the insurance company reviewing all available evidence.
For example, there should be a police report available that documents the officer’s observations, citations, and preliminary conclusions. Each driver should give their account of how the accident happened. If there were witnesses to the crash, they would provide their observations. Each driver should have taken photos and videos of the scene, damage to their vehicles, skid marks, and road and weather conditions.
If this evidence doesn’t clearly paint the picture of who’s at fault, an accident reconstructionist should be brought in to determine the logical explanation of how the crash happened. When evaluated honestly and thoroughly, this evidence should answer which actions caused the crash.
Assign Fault Based on Facts
Once the evidence is reviewed, fault should be assigned based on what actually happened, without any assumptions or shortcuts. However, this doesn’t mean all of the blame has to be placed on one driver.
Many states follow a comparative fault system. This means more than one party can share responsibility for a crash. Fault is assigned as a percentage, based on each driver’s actions.
In many states, including Texas, you can still recover compensation as long as you were found to be less than 51% at fault. Your compensation may be reduced by your percentage of fault, but you are not automatically barred from recovery just because you share some responsibility.
The Reality: Insurance Companies Don’t Always Play Fair
We’ve talked about how liability should be determined, but the unfortunate truth is that liability isn’t always based on facts. Insurance companies are businesses. Their goal is to protect their bottom line. Even when police reports and witness statements support your version of events, insurers may still try to question the credibility of the witnesses or downplay evidence to shift the blame to you. Every percentage point of fault they can move onto you reduces what they may have to pay or eliminates their responsibility entirely. This is why liability disputes are so common.
How to Protect Your Claim
How to Prove an Accident Was Not Your Fault
One of the most effective ways to protect your claim is to keep your own records. While insurance companies will conduct their own investigation, you should never rely on them to preserve or interpret evidence in your favor.
To collect your own records, start immediately after the accident if you are able. Take photos and videos of both vehicles, skid marks, and road conditions. Collect contact information for any witnesses. Keep records of any medical treatment you receive, work you’ve missed, and symptoms you’re experiencing. Once the police report becomes available, request a copy for your own records.
Having your own documentation allows you to defend your claim if the insurance company challenges your version of events. It also gives your attorney stronger tools to push back when liability is unfairly disputed.
What If the Police Report Is Wrong?
Police reports are important, but they are not infallible. Officers often arrive after the crash has already happened. Because of this, they have to rely on limited information based on the statements from the drivers and quick observations.
If you believe a police report is inaccurate or incomplete, you may have options. In some cases, you can submit additional evidence and request that the report be amended. You can also request that any errors or omissions be officially documented.
It’s important to act quickly. The longer you wait, the harder it may be to correct mistakes. An experienced car accident attorney can guide you through this process and help ensure inaccuracies don’t unfairly harm your claim.
What Happens if the Other Driver Lied to Their Insurance?
It can be frustrating to find out that the other driver lied about their actions contributing to the crash, but, unfortunately, it’s fairly common. They may not intentionally give a false statement, maybe they don’t remember the full extent of the crash. Either way, insurers may treat their policyholders’ version of events as facts if it benefits their agenda.
This is why it’s critical that you tell the truth. Even if the other party lies, physical evidence, witness testimony, and expert analysis tend to support an honest claim over time. Lies or misleading information may slow the process, but they don’t usually survive careful scrutiny, especially when your claim is properly supported.
Avoiding Costly Mistakes During the Claims Process
Common Liability Tactics Insurance Companies Use
Insurance adjusters are trained to ask questions in ways that may seem casual but are designed to protect their company – not you. For example, they may ask you leading questions that encourage you to speculate on events. They may bring up prior accidents to make you feel like that could somehow minimize your current claim. They may even take phrases out of context to raise doubt on your injuries. For example, they may ask how you’re doing today and later use your response to say, “Well, she/he felt fine when I spoke to them on the phone.”
It’s important to remember that these are just tactics used to scare you into settling for less than you deserve. Understanding these tactics helps you approach conversations more cautiously and avoid unintentional mistakes.
What Not to Say During an Insurance Claim
One of the best ways to protect your claim isn’t necessarily what you say – it’s what you don’t say. When talking to an insurance adjuster (even your own), stick to the facts. Tell them what you know, but avoid guessing or speculating about what might have happened. Do not admit fault in any capacity, meaning avoid saying phrases like, “I might have been speeding,” or “I just didn’t see them.”
Be honest about your injuries, but don’t downplay your pain. If you’re still treating and don’t know the full extent of your injuries, say that. The adjuster may ask you for a recorded statement, but we highly advise you to speak to a car accident attorney before doing so. Insurance companies often use your own words to limit or deny your claim, so you need to be careful with what you say.
Contact a Car Accident Lawyer
No matter how strong your evidence may seem, hiring a car accident lawyer is one of the most effective ways to protect your claim and pursue full compensation. The fact of the matter is that insurance companies may determine liability based on whatever version of events will save them the most money.
When you have a qualified car wreck lawyer on your side, they will help you gather and preserve necessary evidence that supports your claim. They will also handle all communications with the insurance companies, so you don’t have to worry about saying the wrong thing. If insurance comes back with unfair liability determinations, your lawyer will fight to make sure you aren’t stuck with the bill.
Just as important, having a lawyer sends a clear message that you’re not willing to accept less than full value for your injuries. Insurance companies know that an attorney is prepared to file a lawsuit and take the case to court if necessary. That’s why over 95% of personal injury claims settle out of court.
Key Takeaways: Don’t Get Stuck with Unfair Liability
Liability isn’t just about what happened in the moments leading up to a crash. It’s about how the story is told, supported, and defended afterward. Insurance companies will try to control the narrative unless you take steps to protect yourself.
By understanding how fault should be determined, recognizing how insurers actually operate, and knowing when to seek legal help, you put yourself in a far stronger position. The goal isn’t to fight for the sake of fighting, but if you don’t have the tools to defend your claim, you will likely be stuck with the cost of rebuilding your life after someone else’s negligence.
FAQs About Insurance Liability
How do insurance companies decide who is at fault?
They review evidence such as police reports, statements, photos, and sometimes expert analysis to assign fault based on their interpretation of the facts.
Can both drivers be at fault for an accident?
Yes. Many states use comparative fault rules that allow multiple parties to share responsibility.
Can I still recover compensation if I was partially at fault in Texas?
Yes. In Texas, you can recover compensation as long as you are less than 51% at fault.
Should I give a recorded statement to the insurance company?
We highly advise you to speak with a car accident attorney before providing a recorded statement. Anything you say in that recorded statement may be used against you later.
What if insurance denies my claim?
A denial doesn’t mean the case is over. An attorney can challenge the decision and pursue other legal options.
