If a case goes to trial, it's the jury who decides who was at fault. Things that you might think would be admissible in evidence, like a police report, jury never sees that. They have to decide, based on the testimony and other evidence at trial, what percentage the at-fault driver was negligent, what percentage maybe the person making the claim was negligent, what percentage maybe a phantom driver was negligent? So these percentages all have to add up to a hundred, but it's the jury who decides.