You’ve been in an accident. You’re recovering from injuries and worrying about car repairs. Then, the phone rings. An adjuster tells you that according to their investigation, you are “30% responsible” for the crash.
Suddenly, the settlement you were counting on has shrunk—or disappeared entirely.
If an adjuster quickly assigns you a percentage of fault, understand this: It is not a legal ruling. It is a negotiation tactic.
In Tennessee, insurance companies use specific fault determination strategies to minimize what they owe you. They know that every percentage point they pin on you saves them money. Here is how their system works and, more importantly, how you can fight back.
The Strategy: Why Insurers Move Fast on Fault
Insurance adjusters are trained to minimize risk for their company. To do this, they often try to lock in a narrative before you have had time to consult an attorney or gather your own evidence.
From the very first phone call, they may attempt to shift the blame by:
- Requesting recorded statements while you are still in shock or on medication.
- Using leading questions designed to imply shared negligence (e.g., “Did you see them coming?” implies you should have seen them).
- Highlighting ambiguity in the police report while ignoring the other driver’s citations.
- Downplaying critical facts, such as the other driver’s speed, distraction, or failure to yield.
The Danger: Once an insurer sets an early “liability split” in their system, it becomes the baseline for every offer they make. Moving that number requires hard evidence, not just an argument.
The “Black Box” of Internal Fault Scoring
Many large insurance carriers use software programs (such as Colossus) to determine case value. Adjusters input data, and the software suggests a “liability split,” such as 80/20 or 60/40.
These numbers dictate the “reserves”—the money set aside to pay your claim. While the insurance company will rarely show you their screen, you have the right to challenge their inputs.
To dismantle their liability split, you must:
- Demand the factual basis for their decision.
- Provide objective proof (photos, witness info) that contradicts their data entry.
- Identify environmental factors like sightlines or traffic controls that the software ignored.
The Tennessee Trap: The 50% Bar Rule
Why do insurers fight so hard to assign you blame? Because in Tennessee, the stakes are incredibly high.
Tennessee operates under Modified Comparative Fault (Tenn. Code Ann. § 29-11-103). This law states two things:
- Your payout is reduced by your percentage of fault. (If a claim is worth $100,000 but you are 30% at fault, you only get $70,000).
- The 50% Cliff. If you are found to be 50% or more at fault, you get $0.
Insurers know that if they can argue you were just equally as responsible as their driver (50/50), they don’t have to pay you a dime. This is why you need an aggressive defense against unfair fault allocation.
Evidence That Defeats Unfair Fault Assignments
You cannot argue with an insurance adjuster based on “feelings.” You need evidence. To reverse a bad fault determination, we look for:
- Scene Evidence: Wide shots, skid mark measurements, and point-of-impact photos.
- Digital Data: Dashcam footage, nearby business surveillance, and Event Data Recorders (the “black box” in your car).
- Witness Accounts: Unbiased statements from bystanders or 911 audio recordings.
- Medical Timelines: Records proving your injuries are consistent with being the victim, not the aggressor.
Practical Do’s and Don’ts for Protecting Your Claim
If you are currently dealing with an adjuster, follow these guidelines to protect your future settlement:
- DO obtain the police report immediately and check it for errors.
- DO correct factual mistakes in the report by contacting the officer or submitting a supplemental statement.
- DON’T agree to a recorded statement until you have spoken to a lawyer.
- DON’T guess. If asked about speed or distance, say, “I am not sure,” rather than guessing a number that can be used against you later.
- DON’T accept the first offer. If the liability split feels wrong, it likely is.
Your Rights to Dispute a Determination
If you believe an insurer is acting in bad faith or unfairly blaming you:
- Submit a written dispute detailing why their assessment is wrong, attaching your evidence.
- Request a supervisor review the file.
- File a Consumer Complaint with the Tennessee Department of Commerce & Insurance (TDCI). This creates an official record of the dispute.
We’re Here to Help You Fight Back
If you were injured in a car, truck, or motorcycle accident and the insurance company is trying to pin the blame on you, do not give up.
A lowball “liability split” is not the final word—it is the opening salvo of a negotiation. At Stillman & Friedland, we know the tactics insurance companies use to limit payouts in Tennessee, and we know how to dismantle them with strong evidence.
Don’t let an algorithm decide what your recovery is worth.
Call us today at 615-244-2111 or reach out through our online contact form. We will review your accident, explain your legal standing, and help you fight for the full compensation you deserve.
Because we care,
Stillman & Friedland
