How Do Insurance Companies Evaluate Fault in Car Accidents?
Determining fault in car accidents is one of the most important steps in resolving insurance claims. In Tennessee, the way fault is evaluated can significantly impact the amount of compensation each driver receives. Insurance companies rely on a wide range of evidence, including police reports and witness statements, to assign responsibility.
At Wykoff & Sikes, PLLC, we understand the frustration and stress that car accidents can cause, particularly when fault is disputed. We help clients in Knoxville and across Tennessee understand their rights, challenge unjust fault assignments, and pursue full compensation.
We understand Tennessee’s fault laws and insurance practices and work to protect your interests. Contact us today to get started.
How Fault Is Determined in Tennessee Car Accidents
Tennessee follows a modified comparative fault system. Under this system, each party involved in a car accident can be assigned a percentage of fault based on their actions leading up to the collision. If you are found to be less than 50% at fault, you may recover damages; however, your compensation will be reduced by your percentage of fault.
For example, if you're awarded $10,000 but are 20% at fault, you would receive $8,000. If you're 50% or more at fault, you won’t be able to recover any damages.
Insurance companies evaluate fault with this rule in mind. Adjusters are trained to interpret evidence and assign responsibility. Their conclusions directly affect how much you can recover—or if you can recover at all.
Key Evidence Used by Insurance Companies to Assign Fault
After car accidents, insurance adjusters begin by reviewing a range of evidence to piece together what happened. Their goal is to understand the sequence of events, identify violations of traffic law, and determine who acted unreasonably under the circumstances.
Adjusters typically start with the police report. If law enforcement responded to the scene, the report might include details such as weather conditions, diagrams, witness statements, and citations issued. A citation for running a red light or failing to yield can weigh heavily in assigning fault.
They also review photographs of the vehicles and the scene. Pictures can reveal the point of impact, road conditions, skid marks, and the position of the vehicles. These physical clues help establish which party had the right-of-way and whether either driver attempted to avoid the crash.
Witness statements, if available, are considered valuable. Independent witnesses who aren't connected to either driver may provide unbiased observations that support one version of events over another.
The Impact of Driver Statements on Fault Decisions
What you say after a car accident can influence how insurance companies assign fault. Even seemingly innocent comments like “I’m sorry” or “I didn’t see you” can be interpreted as admissions of guilt. That’s why we always advise clients to be cautious when speaking to adjusters or other drivers.
Adjusters will often request recorded statements from both parties. These interviews are designed to identify inconsistencies or admissions that can be used to assign fault. The insurance company for the other driver may attempt to use your own words against you.
It’s important to know that you aren't required to give a recorded statement to the other driver’s insurance company. You do have to cooperate with your insurer, but even then, it helps to speak with a personal injury attorney first.
Taking a Look at Tennessee’s Comparative Fault Law
Tennessee’s modified comparative fault system means fault isn’t always clear-cut. In many car accidents, both drivers may share some responsibility. Insurance companies can apportion fault between drivers in percentages that reflect their perceived contributions to the crash.
For instance, imagine a driver runs a red light and collides with another car. However, the other driver was speeding at the time. The adjuster may assign 80% fault to the red-light runner and 20% fault to the speeding driver. Each party’s ability to recover will be affected accordingly.
In multi-vehicle accidents, the evaluation becomes even more layered. Each driver’s actions are analyzed independently, and percentages of fault are assigned to multiple parties. Your compensation will depend on your level of fault for the others involved.
What Happens When Both Drivers Share Fault?
Insurance companies rely on several sources of evidence when evaluating car accidents. A clear and detailed record of what occurred can heavily influence fault assignments.
Here are the most common types of evidence used:
Police reports: These provide an official account and are often a key source of information.
Photos and videos: Visual evidence can help establish the location and severity of the impact.
Eyewitness accounts: Neutral observers may offer reliable testimony.
Traffic and surveillance cameras: These can capture the crash itself or the moments leading up to it.
Vehicle damage: The location and extent of damage help determine the angle and force of the collision.
Medical records: Injuries consistent with specific types of impact can support your version of events.
Insurance adjusters weigh all of this evidence to conclude. While they are supposed to be impartial, their job is also to protect their company's financial interests. That’s why it's important to present a strong, consistent case when fault is in question.
Challenging an Unfair Fault Determination
It’s not uncommon for insurance companies to assign fault unfairly in car accidents. If you disagree with their decision, you have options. You can present additional evidence, request a formal appeal within the company, or hire an attorney to handle communications and disputes.
Sometimes, getting an independent accident reconstruction can provide clarity. These professionals use physics, scene analysis, and vehicle data to create a technical account of the crash. Their findings may carry weight in disputes over fault.
When fault is contested, insurance companies may stall or delay compensation. Having someone advocate for your side can make a substantial difference in how your case is resolved. If negotiations fail, filing a personal injury lawsuit becomes an option. Courts in Tennessee will apply the same modified comparative fault standard, but they’ll evaluate it all independently.
How Insurance Works When Both Parties Are At Fault
When both drivers bear some responsibility for car accidents, the way insurance coverage applies depends on fault percentages. In Tennessee, if you’re less than 50% at fault, you can file a third-party claim with the at-fault driver’s insurance carrier. However, your compensation will be reduced by your percentage of responsibility.
Let’s say your damages total $15,000 and you’re found to be 30% at fault. The most you could recover would be $10,500.
If you’re more than 50% at fault, you may still be able to use your insurance coverage, depending on your policy. Collision coverage may help pay for vehicle damage regardless of fault. Medical payments coverage and uninsured motorist coverage may also provide benefits under specific circumstances.
Understanding how these policies interact with fault assessments can help you decide what to pursue after a crash.
Limitations of Police Reports in Determining Fault
Although police reports are often the starting point for insurance fault evaluations, they don’t always capture the full picture. Officers arrive after the fact and must rely on statements from drivers and witnesses. They might not see the full extent of damage or the positioning of vehicles before they were moved.
In some cases, officers may write that fault is “undetermined,” or they may base conclusions on incomplete or inaccurate information. Insurance companies aren't legally required to accept the officer’s findings, but these reports still carry weight. If you believe a police report unfairly blames you, you have the right to challenge it with additional evidence or explanation.
Contact an Experienced Lawyer Today
At Wykoff & Sikes, PLLC, we’re committed to guiding clients through the challenges that follow car accidents. We proudly serve Knoxville, Tennessee, as well as the surrounding areas, including Johnson City, Chattanooga, Crossville, and Sevierville.
If you’re facing an unfair fault determination or struggling to deal with insurance adjusters, we’re here to protect your rights, advocate on your behalf, and help you pursue the full compensation you’re legally entitled to receive. Contact us today.