It depends on where the accident happened.
if the accident occurred in a no-fault state, then there is not at fault party because it's assumed to be an act of god or another “acts of nature”. if the car was present without any foreign object causing injury, then it must have been caused by bad faith concealment on behalf of one or both driver's involved.
if however, there was a collision with an easement fixture(object) to which each vehicle had lateral access and use unless an obviously dangerous condition existed alongside for either if them so as to make it apparent that neither may reasonably have anticipated inadvertent contact with same but collided anyway because driver disobeyed this duty, then whichever driver hit
how do you determine who is at fault in a car accident?
there is a well-documented and formalized system in place for determining fault in an accident. this system is called the “hueter” method and was created by the lead expert on expert testimony, hueter's law library co-owner tom hueter.
https://en.wikipedia.org/wiki/tom_huetar#florida_training
the hueter method of automobile collision analysis utilizes seven rule sets to determine liability in over 95% of cases using a factual analysis only approach to handing collisions, while completely stripping away speculation from other experts who rely mostly on opinion making their determinations.”
it should be noted that not every collision will have witnesses or video footage available to help create a conclusion
how do insurance companies determine whos at fault?
insurance companies have to pay out claims, so they investigate both drivers for at-fault. the easiest way is just to look at the liability of each insurance company if possible.
liability = the term that designates who is legally responsible for a loss or injury
if your vehicle hits their car, you are most likely liable; if their car hits yours they are most likely liable. liability really has nothing to do with fault; it has everything to do with whose losses will be less financially if their claim isn't paid (based on what type of damages occurred). a person could always contest the settlement agreement by requesting arbitration before an impartial judge that is not employed by either party's insurance company. this would then require all documents
who is fault in a car accident?
any car accident has many faults associated to it.
it's possible that one or more of the following could be considered culpable in any given car accident: driving in non-compliance with traffic law; driving knowing that one was unfit to drive (e.g., too drunk); driving negligently (operating a vehicle in a manner which creates substantial risk of harm); engaging in negligent operation (breaching duty owing to others, usually stemming from specific types of conduct such as dangerous maneuvers); committing an act amounting to gross negligence; etc.
who pays when both drivers are at fault?
the party with the most amount of insurance pays for damages. if there is no clear fault, the party who had more coverage will pay for damages and in some states, they can turn around and sue the other drivers' insurance company in order to recoup costs.
if both parties are unwilling to work out an arrangement themselves, they can go to their respective insurance companies under particularly unfavorable circumstances which might worsen the outcome. for example, if one driver's car is completely totaled while the other driver's car seems relatively unscathed after colliding head-on at high speed, it could make sense for that errant driver to seek legal assistance from an attorney experienced in this type of situation since he or she would be found guilty
