Disputed fault: who establishes it and what carries weight
Short answer
Fault is established from the accident documents, the road situation and the traffic rules, and in a dispute by the court, which may appoint a vehicle-technical expert.
What carries the most weight
The position of the vehicles, braking marks, points of impact and deformation. These speak even when both drivers stay silent. That is why photographs taken BEFORE anything is moved are the most valuable document you will have — more valuable than a witness who will not answer the phone in a month.
Contributory fault
Fault is not always entirely on one side. If the injured party also broke a rule — no seatbelt, excessive speed — compensation can be reduced accordingly. This is a common outcome in disputed cases and explains why "I am the injured party" does not automatically mean full compensation.
What the insurer does
It assesses the file and issues a decision. If you disagree, the refusal or the amount is challenged — first by written objection with further evidence, then through the courts, where an expert report is commissioned.
Frequently asked questions
- Does a traffic penalty settle the question of fault?
- It is important evidence but does not exhaust civil liability. The court weighs all the circumstances.
- What if I disagree with the expert report?
- A supplementary or repeat expert report can be requested within the proceedings. The objection must be timely and reasoned.
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