Casey is a founding partner at River Run Law Group. Casey has tried numerous cases across the Commonwealth in both General District Court and Circuit Court. He has earned millions of dollars for his clients through trials, mediations, and settlements.
After a car crash, most people want answers about medical bills, car repairs, and who will cover the costs. Virginia follows an “at-fault” system, which means the driver who caused the collision is responsible for paying the damages.
That raises the bigger question many injured drivers face: How do adjusters determine who is at fault? The answer is critical in Virginia because of the state’s pure contributory negligence rule. If you are found even one percent responsible, you may not be able to receive any compensation. Knowing how adjusters make these decisions helps you see what’s at stake.
This blog post will break down how insurance adjusters assess fault, what evidence they review, and how those findings affect your claim.
What Evidence Adjusters Review After a Crash
When an adjuster investigates, they rely on a mix of reports, records, and statements to piece together what happened.
Police Reports
The report from the responding officer is usually where adjusters start. It lists contact information for everyone involved, driver and witness statements, a diagram of the scene, and any citations for traffic violations. Adjusters treat it as an objective account, even though it may not record every detail of the incident.
Photographs and Video
Pictures and video clips document the scene as it was. Photos can show the position of vehicles, skid marks, traffic signs, and weather conditions. Videos from dashcams, nearby businesses, or traffic cameras can reveal how the collision unfolded.
Witness Statements
Neutral witnesses tend to be persuasive. Adjusters may dismiss passengers as biased, but they tend to trust bystanders with no connection to either driver. This step is part of how insurance adjusters determine fault, particularly when drivers provide conflicting accounts of events.
Event Data Recorder (EDR) Information
Most newer cars have a “black box” that records speed, braking, and steering inputs in the seconds before a collision. This data can either confirm or contradict drivers’ claims. If one driver insists they braked, but the EDR shows no braking, adjusters are likely to trust the data.
Accident Reconstruction Reports
In more serious cases, insurers bring in experts to analyze the crash. Using physics, engineering, and the available evidence, they create a timeline of events. Adjusters then rely on this analysis when deciding liability.
Adjusters may also request your version of the events. These conversations may seem routine, but the questions are designed to elicit specific details. A simple answer like, “Maybe I could have slowed down sooner,” can be turned into an argument that you share fault under Virginia’s contributory negligence law.
How Adjusters Use This Information to Decide Fault and Damages
Once an adjuster reviews the reports, photos, statements, and other records, they start forming conclusions about who bears legal responsibility for the crash. In Virginia, this isn’t just about assigning blame; it also determines whether an injured person can recover compensation at all.
Virginia’s pure contributory negligence rule makes these evaluations unforgiving. Unlike most states, which use comparative negligence (allowing partial recovery), Virginia’s pure contributory negligence rule bars recovery entirely if you share any blame. This means:
- If the adjuster concludes the other driver was entirely at fault, you may pursue compensation through their insurance; and
- If the adjuster assigns even one percent of fault to you, your claim can be denied outright.
This all-or-nothing rule pushes adjusters to search for any detail that could suggest you contributed to the collision. Checking your phone at a light, easing into an intersection early, or forgetting a signal could all be used to argue partial fault.
In addition to deciding fault, adjusters also calculate the value of your claim. To do this, they examine:
- The cost of medical treatment and future care needs;
- Repair or replacement estimates for your vehicle;
- Lost income if you missed work; and
- Documentation of pain, limitations, or lasting injuries.
How do adjusters determine damage in practice? They rely heavily on medical records, repair invoices, and sometimes expert evaluations to put dollar figures on your losses. Since they work for the insurance company, their goal is typically to pay as little as possible, so any uncertainty about fault or the extent of your damages usually works against you.
How Do Adjusters Determine Who Is at Fault: Common Tactics
Adjusters don’t stop at reviewing reports and records. They also reach out directly, and those conversations can also affect how fault is determined in a car accident.
Here’s how:
- Recorded statements. An adjuster may ask you to describe the crash. Even a detail like “I didn’t see the car until the last second” can be twisted into an admission that you weren’t paying attention.
- Leading questions. Phrases such as “How fast were you going?” or “Could you have done anything differently?” push you to speculate. They may later use any hesitation or second-guessing to argue you share fault.
- Early settlement offers. Adjusters sometimes push for a quick payout before you know the full scope of your injuries and losses. Once you accept, you cannot return to seek more compensation.
Being cautious in what you say and getting advice from an experienced car accident attorney before giving a statement helps protect your claim from being undermined.
If the Adjuster Blames You
If an adjuster decides you share fault, Virginia’s contributory negligence rule leaves no room for recovery. Even one percent of blame is enough for the insurer to deny compensation.
However, while adjusters decide how their company will handle the claim, their conclusions aren’t legally binding. Fault determinations can also be decided by a court or negotiated with the help of a car accident lawyer.
An attorney can:
- Question how the insurer relied on the police report or witness accounts;
- Collect new material, such as video footage, medical documentation, or expert analysis; and
- Emphasize the driver’s responsibility instead of letting the insurer highlight minor missteps.
That advocacy helps you contest the insurer’s conclusions and press for fair compensation.
Injured in a Car Accident? Call River Run Law
River Run Law has helped crash victims across Virginia challenge fault findings and pursue the recovery they need. Our firm was recognized among the top 4% of law firms nationwide in the 15th edition of Best Law Firms®.
If you’ve been wondering, “How do insurance companies determine fault?” take the next step and speak with an attorney who knows Virginia law. Call River Run Law or Contact us online today for a free consultation.
