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.

Medical bills serve as a primary measure of the economic damages in your claim. They provide a tangible dollar amount for the cost of your care, which forms the foundation for calculating a settlement. Higher, justified bills typically increase the potential value of your claim. However, the final value also includes non-economic damages like pain and suffering, which are often calculated as a multiple of your total medical costs, making accurate and complete billing critical.

The most important factor is evidence of negligence. This means proving that one driver failed to act with reasonable care, directly causing the crash. Evidence includes traffic law violations (like running a red light), distracted driving, speeding, or driving under the influence. The core question is: whose careless action or failure to act created the dangerous situation? Police reports, witness statements, and physical evidence are all used to establish this sequence of events and identify the negligent party.