If you played any part in the cause of a car accident, you may be concerned as to what your level of fault plays into your ability to seek compensation for your damages.
Many factors are considered before filing a claim, and you may not be completely barred simply because you were somewhat responsible for the accident.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say.
Fault or No-Fault?
How your state handles fault plays a part in whether you file a claim. Twelve states, including Florida, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, Michigan, New Jersey, New York, North Dakota, Pennsylvania, and Utah are
This rule tends to be extreme, and under pure contributory negligence, you can be barred from filing a claim even if that percentage is just one or two percent. It is because of the harshness of this rule that only five states follow this policy. The remainder of the “at-fault” states follow a much more reasonable standard.
Comparative Negligence
This more reasonable standard is otherwise known as comparative negligence. Under comparative negligence, you can still seek compensation for damages even if you played a part in the cause of the accident.
Currently, 13 states follow what is known as a pure comparative negligence system. Under this system, a percentage of fault is assigned to each party, depending on their part in the accident. Parties are allowed to recover no matter what, even if they are 99% at fault for the accident.
You would be able to recover that small one percent where you were not at fault. The states that follow this standard are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.
The majority of states follow a modified comparative fault system. Under these 33 states, a judge or jury will assign a percentage of fault to each party and apportion the damages according to that percentage. However, if the plaintiff’s percentage reaches a certain level, he or she could be barred from seeking damages.
Twelve of these states follow a modified comparative fault rule where the injured party can seek damages so long as his or her part in the accident is 49% or less. Other states have a set percentage that could be higher or lower than 50%.
Contact an Attorney Today
If you have been involved in a car accident and are unsure of whether you are eligible to file an insurance claim, it is always recommended you contact an attorney as soon as you can to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
