1. Comparative Negligence
Comparative negligence law means assigning a specific percentage of fault to each driver involved in the accident. For example, one driver can be found to be 70% guilty, and the other can be 30% at fault in a car accident.
After assigning the percentage of the fault in an accident case, both drivers will get the compensation accordingly. The driver who’s at fault will get 30%, and the other will get 70% of the damage.
2. Contributory Negligence
Contributory negligence accident law is the complete opposite of comparative negligence. This means that if someone is involved in causing the accident, even if it’s 10% fault, the plaintiff won’t be eligible to file the claim.
This law is enforced in only four states: Alabama, Virginia, Maryland, North Carolina, and the District of Columbia. In other states, individuals can still pursue claims even if they bear partial responsibility for the accident.
3. Modified Comparative Negligence
Modified Comparative negligence is similar to comparative negligence law but has few key distinctions. Under this law, individuals involved in an accident can file a claim, but only if their fault doesn’t exceed a specific threshold, such as 50%.
For instance, if you share only 30% of the fault in the accident, you remain eligible to seek compensation. However, exceeding the 50% fault can easily disqualify you from receiving compensation.
How Is An Accident Fault Determined?
The insurance company determines the fault. Once the claim is filed, the insurer reviews all available evidence, including CCTV footage, police reports, witness statements, driver’s testimonies, and accident scene photographs.
After thoroughly evaluating the evidence, the insurer decides who is at fault and to what extent. If you disagree with the insurer’s decision, hire a car accident lawyer to negotiate with the provider on your behalf.