How Insurance Adjusters Determine Fault in Texas

When an accident occurs, the insurance company will typically send an adjuster to investigate the claim. One of the adjuster’s main jobs is to determine who caused the crash and to what extent each person may be responsible. This kind of decision can affect whether the insurer pays the claim and how much it offers. A Texas personal injury lawyer can explain how fault is being assessed and whether the insurance company is being fair.

What does an insurance adjuster do?

The insurance company will send an insurance adjuster to investigate the accident. The adjuster could be employed by your insurer, the other driver’s insurer or a third-party claims company. They investigate the claim and determine how the insurance company should respond.

The adjuster might look at the accident report. They also may look at photographs, repair records, and medical records. If there are any witness statements, the adjuster might compare those statements to what each driver says happened.

Keep in mind that the adjuster does not make the final legal decision in a court case. The adjuster’s opinion matters during the claim process, but a judge or jury may see the case differently if a lawsuit is filed.

What evidence do adjusters look at first?

Adjusters typically start with the basic accident information. This could involve the location of the crash, statements from the drivers, and if citations were issued. A police report can be useful, but it does not settle the issue by itself.

Photos and videos can be very important. Vehicle damage may show the direction of impact. Skid marks may suggest whether a driver tried to stop. Traffic camera footage or dash camera footage may show details that are hard to explain later.

Adjusters may also check medical records to see if the injuries match the type of crash that is being reported. They might compare the treatment timeline with the date of the accident. If there are gaps in care, the insurance company may try to use that against the claim.

How does Texas fault law affect the claim?

Texas law can divide fault between the people involved in many personal injury cases. In simple terms, fault can be divided between the people involved. If an injured person is partly responsible, their compensation may be reduced by their percentage of fault.

Texas also has an important limit. If the injured person is more than 50 percent responsible, they generally cannot recover damages. This is why fault decisions matter so much. Even a small change in the percentage can make a large difference.

For example, if the insurer says you were 20 percent at fault, it may try to reduce the value of the claim by 20 percent. If the insurer says you were mostly at fault, it may deny the claim completely.

Why might the insurance company blame you?

Insurance companies may look for reasons to reduce what they pay. That does not mean every fault argument is false. Sometimes both drivers made mistakes. Still, an insurer may focus heavily on facts that help its own side.

The company may argue that you were speeding. It may claim you were distracted. It may say you should have reacted faster or avoided the crash. In some cases, the adjuster may rely on incomplete information or make assumptions from limited evidence.

This is why you should be careful when speaking with the other driver’s insurance company. A recorded statement can be used later. Even a small comment may be taken out of context.

What can you do if the adjuster is wrong?

If you believe the adjuster made the wrong fault decision, you do not have to accept it without question. You may be able to provide more evidence. This could include photos, witness information, or documents that explain what happened.

You should also keep your own records. Write down what you remember while the details are fresh. Save messages from the insurance company. Keep copies of repair estimates and medical bills.

A Texas personal injury lawyer can review the evidence and challenge an unfair fault decision. That may involve sending a demand letter, negotiating with the insurer, or filing a lawsuit if needed.

Can fault change during the case?

Yes. Fault can change as more evidence becomes available. An adjuster may start with one opinion and revise it later. A lawyer may find evidence the insurer did not consider. A witness may come forward with new information.

Fault can also be disputed during settlement talks. The insurance company may assign one percentage. Your lawyer may argue for a different percentage based on the evidence. If the case goes to court, the final decision may be made by a judge or jury.

This is one reason early investigation matters. Evidence can disappear. Video may be erased. Witnesses may become harder to find.

When should you get legal help?

You should consider getting legal help if the insurance company blames you for an accident you did not cause. You should also ask for help if the insurer denies the claim or offers much less than the case appears to be worth.

Fault decisions can affect your medical bills, lost income, and future recovery. You do not have to rely only on the insurance company’s version of events.

If you were hurt in an accident and fault is being disputed, contact The Law Office of Sandy McCorquodale, P.C. at (833) 712-4472 or reach out online to speak with a Texas personal injury lawyer about your options.