Proportional Comparative Fault at 50%
In states that have implemented the 50% bar standard in attending to auto accident claims, an injured person that is less than 50% at fault for the accident is eligible for compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, Richard and Susan accidentally hit each others’ cars while backing out of their parking spaces simultaneously. Both were not looking carefully enough when they backed up, and so both were deemed just as at fault for the accident. Neither one will be eligible to damages since both were 50% at fault for the accident. States: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah, and West Virginia. More on this website
How is the Percentage of Fault Determined?
Right after an accident, it is the job of the insurance company claims adjuster to allocate the relative degrees of fault primarily based on the conditions encompassing the accident. There is no top-secret mathematical method for determining percentages of fault in accident injuries. You and the claims adjuster will work out and arrive at some understanding as to what, if any, your allocated fault is. Here is where a highly skilled personal injury attorney can come in handy. He or she will know how to assess the accident and suggest the lowest percentage of fault on your behalf. If you and the insurance adjuster reach an impasse, a court of law is ultimately your next step to deal with the issue of fault.
Fault and Car Insurance
Insurance firms often provide additional coverage/protection (for extra money) to pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are harmed in an accident that was mainly your fault and you are not entitled by law to compensation from the other person’s insurance, but you have additional coverage under your own plan, your insurance company will pay for your injuries. This extra insurance policy coverage is called PIP (personal injury protection) or No-Fault coverage. Under this scenario, you would file a liability claim with your own insurance company for medical bills and lost revenue, up to a specified maximum, without any debate or disagreement about the circumstances of the accident and who was at fault. Whether you can file for additional expenses against the other individual at fault in the automobile accident depends on your state’s laws. In many states, Uninsured/Underinsured protection is required. This offers insurance policy coverage for damages ensuing from an accident with someone who either has no insurance or does not have enough insurance to cover your expenses. It also helps to protect you if the other person flees the scene right after the accident or is a driver of a stolen van.
Apart from the damages suffered, the degree of fault is probably the most important point in determining exactly how much you may regain for your accident injury. In most cases, both you and the insurance company will know (by the conditions around the accident) the degree of fault for both parties. Was the other party entirely at fault? Largely at fault? Or only a little at fault? If you are in a comparative fault state, an insurance adjuster will decrease your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your total damages would be reduced by 10%. Your recovery will not be reduced if the accident was someone else’s fault.
If you have been seriously injured in an accident, please call us now for a no-cost, private assessment with a skilled accident Injury attorney. Our firm has accident lawyers for every type of accident case that you may have suffered. Our compassionate and experienced lawyers are skilled at getting you the most compensation for your injuries and will not stop until they have successfully defended you. Our injury lawyers can assist you with any damages you may have incurred in any accident.