Do you know what an accident investigation entails? What evidence is the claim adjuster looking for?
Any time that there is an accident, evidence will be collected so coverage and fault can determined. This evidence consists of photos, police report, and statements. The accident investigation can take a long time and many adjusters cut corners. You need to make sure that all the necessary steps are taken before they put negligence on you.
What steps? All elements necessary to prove negligence need to be present: Duty + Breach + Causation + Damages. So the adjuster must prove that you had an affirmative duty to do something and your breached that duty.
Then next step is often skipped by insurance adjusters when doing the accident investigation. Attorneys use causation as a defense to negligence. It is because the adjuster must prove that the breached duty was the Legal and Proximate Cause of the accident. There are steps and legal theories that need to be followed to determine whether or not you are at fault according to the accident investigation.
You could defeat a negligence claim if the cause falls apart in Causation. Remember, damages must exist for negligence to be a relevant theory against you.Read More.
