How Do Insurance Adjusters Determine Fault in a Car Accident Claim in St. Louis, Missouri?

By The Cagle Law Firm | March 26, 2025 | Car Accidents, News

If you have been in a car accident, you naturally wonder what you are dealing with and how an insurance adjuster will determine fault in your case.  If you are injured, you are really interested in how insurance adjusters determine fault for property and injuries. At The Cagle Law Firm, we have many years of experience in dealing with most every kind of insurance adjuster involving about every insurance carrier in Missouri and Illinois. Determining fault impacts everything from payouts to potential legal claims and that is why you need an experienced attorney to protect your rights.

How Do Adjusters Determine Fault in a Car Accident?

Insurance adjusters are supposed to consider a full evaluation of all of the causes of a collision. Meaning, they have a duty to investigate the claim. They are supposed to evaluate all of the causes of the crash. Again, they are supposed to analyze physical evidence, skid marks, debris patterns and the incident report.  Documentation such as photos of the involved vehicles is helpful. One of the most important pieces of evidence is the incident report completing by law enforcement. Failure to involve the police at the scene of the crash is a mistake for the parties involved.  If you have contacted an adjuster about your property damage caused by another driver, you may have run into frustration with their investigation or lack thereof.

Identifying All Liable Parties

Depending on how your crash occurred, there may be numerous parties at fault.  Missouri uses the comparative fault system where fault can be proportionately assigned to various parties. Other factors an adjuster may consider such as faulty road design or defective auto part. These are just some of the factors that are critical when establishing percentage of fault.  Ultimately, the insurance adjuster may proportion fault and you may disagree with that judgement.

Reviewing the Police Report

As mentioned, the police report is one of the most important pieces of evidence in proving fault. The officers do not actually say one party or the other is at fault. The officers describe the facts of the crash as they are able to ascertain at the scene through observations, witness accounts and physical evidence. Thus, it is critical that you give factual information at the scene of a crash. You also want to avoid speculation or guesses when giving information to an officer. They cannot record your speculations or guesses.  Adjusters rely heavily on the incident report thus discrepancies in the report create a lot of problems for your property damage claim or injury claim.

Interviewing Witnesses

Adjusters may interview witnesses to obtain information about the speed of vehicles, vehicles running lights or sequence of events.  Witness statements are really useful when drivers provide conflicting accounts of the crash. In reality, adjusters vary in their depth of investigation depending on the amount of the property damage claim and the injury. Ultimately, you should not assume the adjuster is ever looking out for you.

Factors Impacting an Insurance Adjusters Decision

Laws & Regulations

Traffic laws are and should be a determining factor of fault.  If a driver breaks the law such as speeding or fails to yield according to the law, determining fault becomes far easier.  Failure to slow your speed due to weather resulting in a crash, will likely result in the adjuster assigning some fault to that driver.

Driver Behavior.

One of the most closely examined factors is the action the driver took just prior to the crash.  Adjusters look for signs of distracted driving such as texting, speeding, tailgating or driving under the influence.  Evidence such as dashcam footage, and phone records can be used to establish fault.

Can You Challenge an Adjuster’s Decision

Of course you can challenge an adjuster’s decision.  Honestly, if you are hurt, you should not wait until an adjuster renders an opinion. And, it also depends on which insurance party it is.  While you may assume your own insurance adjuster is on your side, that is not a given.  Insurance adjusters work for an insurance company.  Insurance companies are part of a multi-billion dollar industry.  If your claim is against an adverse insurance company (not your own), they do have a financial interest in finding you proportionately at fault.

How Can a Car Accident Attorney in St. Louis Help Me?

If you are hurt, you should involve an attorney right away.  An attorney can walk you through the statement and advise you of pertinent conditions and protect your rights.  Engaging with an insurance adjuster about fault or injuries can naturally create a lot of anxiety and uneasiness. Furthermore, if you are injured, you will not know the full extent of your injuries for awhile.  At The Cagle Law Firm, our job is to deal with the insurance adjusters or attorneys while you are involved in medical treatment and protect your right to make a fair claim.  Insurance adjusters are pretty good at property damage claims because there is a market value for your vehicle. However, they are notoriously bad at bodily injury claims.  If you have an injury that requires medical treatment, you will need an experienced lawyer.

We work to ensure that that each client obtains the maximum settlement for their injury according to the facts of the crash.  An attorney is the only party that works specifically for you and not a shareholder.  You should not wait until an adjuster has made a determination about your degree of fault to involve a lawyer. If injured, your medical treatment will take some time, thus an adjuster trying to settle your injury claim fast is not in your best interest.

Our job is to look out for your best interest during your medical treatment in order to maximize your physical and financial recovery. User our online contact form for a free evaluation or download our free app. InjuryAttorney

Call our attorneys toll free 1.800.685.3302 or locally 314.276.1681

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