Their decision isn't the last word
The adjuster decides fault for the insurer's purposes. It's their view, not a court ruling. If a claim goes to court, a judge or jury decides fault based on the evidence.
Get it in writing
Ask for the decision in writing, with the reasons and the evidence they relied on. You can't challenge a decision you haven't seen.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Evidence that can change the picture
- The police report, and whether anyone was cited.
- Photos of the vehicles, the damage and the scene.
- Witness names and statements.
- Dashcam, doorbell or business camera video. Ask quickly, since it's often deleted.
- Phone records or vehicle data, which an attorney can request.
Shared fault doesn't always end your claim
In Arizona, you can usually still recover if you share some of the blame, with the amount reduced by your share (A.R.S. § 12-2505).
In Georgia, you can recover if you were less than 50% at fault, again reduced by your share (O.C.G.A. § 51-12-33).
Your own coverage may still help
Your own policy may include medical payments, collision or uninsured motorist coverage. Ask your insurer what applies.