The determination of fault is going to depend upon what stage you are in the claim, or the litigation. Early on, the police department, or the police officer, will make a determination and put that on the police report, whether they issue a citation or not. When the police report is used at the beginning of the claim’s process the insurance company can make their own assessment, whether they think that their insured was at fault, or not. Once the case goes to court, then the lawyers get involved, and they make their arguments, and they try to persuade the other side. Eventually, if they cannot convince the other side of their position and resolve the case, the jury will make the determination of who is at fault.