Insurance adjusters decide fault first, each for its own company, using the police report, photos, statements and traffic laws. If you disagree and the claim does not settle, a jury or judge decides fault in a lawsuit, or an arbitrator decides it in an uninsured motorist claim (Insurance Code 11580.2). The police and the DMV do not have the final word.
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Who decides fault first after a crash?
The insurance companies. The other driver’s insurer looks at the facts and decides whether its driver was to blame, and how much. It can accept the claim, deny it or say both drivers share the blame. The Texas Department of Insurance tells drivers that if the other company refuses to pay, they should ask for the reason in detail and in writing (Texas Department of Insurance).
Your own insurer also makes a fault decision, mostly for your rates. In California, an insurer may not label you “principally at fault” unless your actions were at least 51 percent of the legal cause of the crash. It must investigate first, send you a written notice with the basis for its decision, and give you 30 days from receipt to ask for reconsideration (10 CCR 2632.13). The Department of Insurance has said a letter that only states you were more than 51 percent at fault is not enough (Bulletin 2002-06).
Does the police report decide who is at fault?
No, but it carries weight with adjusters. An officer may note what each driver said, draw the scene and list any ticket. In Texas, an officer who investigates a crash with injury, death or apparent damage of $1,000 or more files the report with the state within 10 days (Transportation Code 550.062).
The report is not a verdict. In California, the written report a driver files with the CHP or police cannot be used as evidence in a trial about the crash (Vehicle Code 20013), and Washington has a similar rule (RCW 46.52.080).
The DMV does not decide fault either. California’s DMV records a reportable crash no matter who caused it (California DMV), and Washington’s driving record shows only that a person was involved, not who caused it (Washington DOL).
What rules are used to decide fault?
The basic rule is care. In California, everyone is responsible for injuries caused by a lack of ordinary care in handling their property or person (Civil Code 1714). Traffic laws show what care looks like on the road. Two common ones:
- Following too closely. A driver may not follow another vehicle more closely than is reasonable and prudent (Vehicle Code 21703).
- Left turns. A driver turning left must yield to oncoming vehicles close enough to be a hazard (Vehicle Code 21801).
Evidence fills in the rest: damage to each car, photos, video from nearby businesses or dash cameras, witness names, phone records and what each driver said at the scene. Our pages on rear-end crashes and left-turn crashes go deeper.
What if both drivers share the blame?
Fault is often split in percentages, and each state treats your share differently.
| State | Rule | Effect of your share |
|---|---|---|
| California | Pure comparative fault | Your damages go down by your percentage |
| Texas | Modified, 51 percent bar | You recover nothing if you are more than 50 percent responsible |
| Washington | Pure comparative fault | Your damages go down by your percentage |
Sources: Li v. Yellow Cab Co., Tex. Civ. Prac. & Rem. Code 33.001, RCW 4.22.005.
Example only: if your losses are $50,000 and you are found 20 percent at fault, the award drops to $40,000 in all three states. At 60 percent, you would still recover $20,000 in California or Washington, and nothing in Texas.
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Who decides fault if the case goes to court?
The “trier of fact,” meaning the jury, or the judge if there is no jury. Texas law says the trier of fact sets each party’s percentage of responsibility (section 33.003). In California, a claim under your own uninsured motorist coverage that you and your insurer cannot agree on goes to arbitration.
State insurance departments do not decide fault. The Texas Department of Insurance says it cannot decide who caused an accident (TDI), and Washington’s Insurance Commissioner says it cannot make or change fault decisions (Washington OIC). They can still help when a company does not follow the claim-handling rules.
What to do now
- Call the police from the scene if anyone is hurt, and ask for the report number.
- Take photos of the cars, the road, signs and skid marks before anything moves.
- Get names and phone numbers of witnesses.
- Do not say “sorry” or guess at blame. Stick to facts.
- If an insurer denies your claim, ask for the reason in writing.
- In California, if your own insurer says you were principally at fault, ask for reconsideration within 30 days.
- Talk to a lawyer before you accept a fault split.
Questions about who was at fault
Call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win. Read more in our personal injury questions section and in our guide to comparative fault.
Common questions
Can the insurance company say I was at fault without proof?
It must base its decision on the facts. In California, your own insurer has to investigate and explain its basis in writing before calling you principally at fault.
Who determines fault in a hit-and-run?
Your own insurer looks at the facts under your uninsured motorist coverage. In California, a disagreement goes to arbitration.
Can fault change after the police report?
Yes. New video, witnesses or an accident reconstruction can change an adjuster’s view, and a jury can reach a different answer than the officer.
Does a traffic ticket prove fault?
Not by itself. It is one piece of evidence, and the ticket can be fought in traffic court.
What if both insurers blame each other?
That is common. Each side’s evidence is compared, and if they cannot agree, the dispute moves to a lawsuit or arbitration.
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Related pages
Personal Injury Questions · Comparative fault in California, Texas and Washington · Rear-end accident: who is at fault? · Left-turn accident: who is at fault? · How to get a police report for a car accident · How long do I have to report a car accident? · Law Blog
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Sources
- Cal. Code of Regulations, title 10, section 2632.13
- California Department of Insurance, Bulletin 2002-06, principally at-fault notices
- Cal. Vehicle Code 20013
- RCW 46.52.080
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- Tex. Civ. Prac. & Rem. Code chapter 33 (33.001, 33.003, 33.012)
- RCW 4.22.005
- Cal. Insurance Code 11580.2
- Cal. Civil Code 1714
- Cal. Vehicle Code 21801
- Cal. Vehicle Code 21703
- Texas Department of Insurance, Get help with an insurance complaint
- Texas Department of Insurance, Accident not your fault?
- Washington Insurance Commissioner, Understanding the complaint process
- California DMV, Driver's Handbook Section 10, Collisions
- Washington DOL, Reporting collision damage
- Tex. Transportation Code chapter 550 (550.062)
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.