When it comes to determining fault in a car accident, it is up to the insurance company. The insurance companies of both parties will confer and come to a mutual agreement. Both insurance companies will collect a statement from their policyholder regarding what happened at the scene of the accident, as well as a statement from officials. Such as the police, who will have taken a statement at the scene of the accident. Once the insurance company has made their decision, the party determined to be at fault can challenge the decision and take the matter to court. These matters rarely go further than the small claims court and the decision of the court is deemed final.