After a car accident in Washington, D.C., you may assume the facts speak for themselves. The other driver ran the red light, failed to yield, or rear-ended your vehicle. Yet when the insurance company investigates, its conclusions do not always match what happened. Insurance adjusters evaluate fault to protect their company’s financial interests, not yours. Understanding their methods can help you challenge unfair determinations. A Washington, D.C. car accident attorney at Simeone & Miller, LLP can advocate for accurate fault assessment and protect your right to compensation.
The Evidence Insurers Rely On
Insurance adjusters begin fault evaluation by gathering evidence from multiple sources. The police report often carries significant weight because officers document statements, note traffic violations, and sometimes indicate which driver they believe caused the collision. However, police reports are not infallible, and officers rarely witness the accident themselves.
Adjusters also review photographs from the accident scene, vehicle damage patterns, surveillance footage (if available), and witness statements. They examine whether either driver violated traffic laws such as speeding, running red lights, or failing to yield. Skid marks, debris fields, and the final resting positions of vehicles help reconstructionists determine how the collision occurred.
How Adjusters Assign Fault Percentages
Insurance companies assign fault percentages based on their investigation findings. In many jurisdictions, these percentages determine how much compensation each party can recover. One driver might be found 70% at fault while the other bears 30% responsibility.
Washington, D.C. follows a strict contributory negligence rule with a few exceptions for “vulnerable users,” such as pedestrians, cyclists, and electric scooter riders. Under this doctrine, if you bear any fault for the accident, even 1%, you may be barred from recovering compensation from the other driver. This makes fault determinations particularly critical in D.C. accidents. Insurance companies know this rule and may attempt to assign you partial blame specifically to defeat your claim.
Software and Algorithms in Fault Assessment
Many insurance companies use computerized systems to evaluate claims. Programs analyze factors including injury severity, medical treatment, lost wages, and liability indicators. These algorithms compare your claim against thousands of similar cases to generate settlement recommendations.
While insurers tout these systems as objective, the programs are designed to minimize payouts. The quality of assessment depends entirely on what information adjusters input. Important details about your injuries, limitations, and the other driver’s negligence may be underrepresented if the adjuster does not enter complete information.
Why Insurance Determinations Are Not Final
The insurance company’s fault determination is their opinion, not a legal ruling. You have the right to dispute their findings with additional evidence. Independent accident reconstruction experts can analyze physical evidence and provide professional opinions that contradict the insurer’s conclusions.
If negotiations fail, a judge or jury can determine fault at trial. Courts review all evidence, hear testimony from witnesses and experts, and apply the law to the facts. Insurance company fault assessments carry no weight in litigation. The trier of fact makes independent determinations.
Protecting Your Rights After an Accident
Document everything at the accident scene if you are physically able. Photograph vehicle damage, traffic signals, road conditions, and any visible injuries. Get contact information from witnesses. Seek medical attention promptly and keep records of all treatment.
Be cautious when speaking with insurance adjusters. They may ask leading questions designed to elicit statements that suggest you share fault. You have no obligation to provide recorded statements to the other driver’s insurer without legal counsel present.
How Simeone & Miller Protects Accident Victims
At Simeone & Miller, our attorneys have decades of experience advocating for injured victims in Washington, D.C., Maryland, and Virginia. We understand the tactics insurance companies use to shift blame and minimize payouts. Our team thoroughly investigates accidents, gathers evidence, and builds compelling cases that counter unfair fault determinations.
If you were injured in an auto accident and believe the insurance company is wrongly blaming you, contact Simeone & Miller for a free consultation. There is never a fee until we recover compensation for you. Contact our office today to discuss your case.
