Disputed Fault

Disputed fault refers to a situation where the parties involved in an accident, typically a car accident, disagree about who is responsible for causing the incident. This disagreement means that fault—meaning legal responsibility for the accident—is contested rather than clearly accepted by all parties involved.

When fault is disputed, insurance companies will conduct a thorough investigation to determine liability. This investigation includes gathering evidence such as police reports, witness statements, photographs, dashcam or cell phone footage, and analyzing vehicle damage and accident scene details. The insurance adjusters aim to reconstruct the accident to decide which party was primarily at fault.

If the insurance companies cannot agree on fault after their investigation, the dispute may proceed to arbitration, where an impartial third party reviews the evidence and assigns fault percentages. If arbitration fails, the matter can escalate to litigation, where fault is determined through legal processes such as depositions, expert testimony, and potentially a trial.

Disputing fault often involves showing proof of the other party’s negligence through evidence like police reports, witness statements, or video footage. It is important because fault determination affects financial compensation and liability for damages. Even if an insurance company initially finds you at fault, you can challenge that decision by presenting evidence and, if necessary, pursuing legal action to ensure the responsible party is held liable.

In summary, disputed fault is when there is disagreement over who caused an accident, leading to investigations, negotiations, and possibly legal proceedings to resolve the issue of liability.