How do car insurance companies determine fault when both drivers are giving conflicting stories?

Let me give you a hypothetical example. Suppose Car A is in one lane and Car B is in the next lane. Car A cuts off Car B and Car B is unable to slow down/stop in time and rear ends Car A. When the police arrive, the driver of Car B says Car A made an unsafe lane change in front of him and he couldn't avoid hitting Car A. The driver of Car A denies cutting Car B off and says he was in that lane (Car A's lane) the whole time. There were no witnesses (or no witnesses that stayed). Who would the insurance companies believe in this case? And if one of the drivers have a clean driving record (no tickets/accidents), would that be taken into consideration to determine who's telling the truth? Or does it matter?

Luna & Lawnboy

The claims adjuster is a professional. They determine liability on hundreds of claims a year. When conflicting versions are provided, they base their decision on numerous facts. The actual point of impact, the credibility of each party, the police report, witness statements etc.

Remember your insurance company has a duty to defend and indemnify you. They have no duty or obligation to the other party. They will often side with their insured. If you have Collision coverage, you file a claim against your own company. They will then subrogate against the other insurer to attempt to recover what they paid out. You can file a claim against the other party, but chances are liability will be assessed as 50/50. Depending on what state the loss occurred, 50% unfortunately could be a bar to recovery.

Kizzy

Luna is correct.

Although if the insurance companies cannot reach an agreeable decision, the claim can go into arbitration where a neutral party will examine the facts, take statements, etc. Then a judgment will be made.

Antacid

The insurance company will base it on if there was a ticket issured at the scene of the accident. The person issued a ticket has the responsiblity to pay for the accident through their insurance company.
If no ticket was issued then its a 50 50 split where each insurance company is responsible for their part. Unless you have lots of money and want to war it out in court for a while, then much of the battle will rely on the police report.

ATTENTION: Testicles That Is All

They rely on the police report then ask both drivers for their side of the story.
Somewhere in the middle lies the truth.

entidtil

Insurance companies determine fault based on police reports, witness statements and drivers statements. Nope as far as insurance goes, it, really doesn't matter but almost everyone thinks fault is a big deal. It isn't as long as both parties have insurance. one or both insurance companies will pay.

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