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Yes, That's what an insurance adjusters job is, The adjusters usually assigned by both insurance companies involved, asses the situation, review all pertinent facts and then jointly make a determination of fault and/or degree of fault and ensuing liability.

Police reports do not automatically determine fault. Police reports are typically made by an officer after the accident has occurred, rarely is the responding officer an actual witness to the accident. So although a police report is very helpful to the adjusters it is not the sole determining factor.

If the insured parties disagree with the insurance companies decision they can always hire legal council and take the matter to court for a judicial or jury determination.

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Q: Can the insurance company assign fault legally. When the two sides have the opposite person at fault and without a police report?
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