* Witness Statements: Were there any witnesses who saw the events unfold? Their accounts can be crucial.
* Police Report: If the police were involved, their report will document the scene, initial statements, and any conclusions they drew about fault. However, police reports aren't always definitive on fault.
* Vehicle Damage: The location and type of damage to both vehicles is examined. The pattern of damage can sometimes suggest which car initiated the contact. For instance, if the damage to the car being passed is primarily on the side and the other car has damage consistent with hitting a stationary object, it may suggest the passing car was at fault. However, this is not foolproof.
* Physical Evidence: Skid marks, debris, or other physical evidence at the scene can provide clues.
* Statements from the Drivers: Both drivers will provide their accounts of the event. These are considered but often viewed with caution, as drivers are naturally inclined to protect themselves.
* Photos and Videos: If anyone took photos or videos of the vehicles or the scene, this evidence is extremely valuable.
In short: The adjuster will try to reconstruct the accident based on available evidence. It's very difficult to determine who hit first *just* from the damage described. The damage is consistent with a sideswipe, but the cause of the initial contact requires more investigation. The investigation will focus on which driver was operating their vehicle negligently, regardless of precisely when the contact occurred. A driver attempting to pass unsafely might be deemed at fault even if the other driver slightly contributed to the collision by, for example, being partially in the passing lane.
