Fault is determined by investigating which driver failed to exercise reasonable care, violating traffic laws or acting negligently. Police reports, witness statements, photos, and traffic camera footage are key evidence. Insurance adjusters analyze this evidence against local rules, which may follow “comparative negligence” (shared fault) or “contributory negligence” (barring recovery if even slightly at fault). The goal is to establish who caused the accident by not driving safely. Your own detailed notes and evidence collected at the scene are crucial for supporting your version of events.

You can claim two main categories: economic (special) and non-economic (general) damages. Economic damages have clear receipts: all medical expenses, lost income (past and future), property repair/replacement, and out-of-pocket costs like travel for treatment. Non-economic damages cover intangible harms: pain and suffering, emotional distress, loss of companionship, and reduced quality of life. In rare cases of extreme misconduct, punitive damages may also be pursued to punish the wrongdoer.

The insurer will open a claim file and assign a claims adjuster to you. This professional will guide you through the process, investigate the incident, and handle all communication with the claimant or their lawyer. They will determine if your policy provides coverage and work to resolve the claim, which may involve negotiating a settlement or arranging for your legal defense if a lawsuit is filed. Your ongoing cooperation is essential.