When an auto accident occurs, the insurance companies must determine who is liable for the accident according to the laws of the state where the accident occurred. There are several types of negligence laws that are used throughout the United States, these will be discussed below.
Scenario
Vehicle 1 and Vehicle 2 are involved in an accident. Vehicle 1 is found to be 90% at fault for the accident. Vehicle 2 is liable for the remaining 10%.
Contributory Negligence
This is the least popular of the negligence laws. In this form of the law, if two people are involved in an accident and both contributed in any way, they cannot collect from the other. Using the above scenario, vehicle 2 cannot collect from vehicle 1's insurance company and vehicle 1 cannot collect from vehicle 2's insurance company. They are both at fault for the accident.
Comparative Negligence
There are a few different kinds of comparative negligence, pure comparative, modified comparative - 50% and modified comparative 51%. Although similar, there are important differences in the laws which will affect the way an insurance company will determine liability.
Pure Comparative
Approximately one quarter of the states use this form of negligence. Pure comparative states that whatever percent liable a person is, they will owe that percent and collect the rest. For instance, vehicle 1 who is 90% at fault will be able to collect 10% of damages from vehicle 2 and vehicle 2 will be able to collect 90% of damages from vehicle 1.
Modified Comparative - 50%
A little less than one quarter of the states use this form of negligence. This states a person can recover from the other company if they are less than 49% at fault. If they are 50% or more at fault, they cannot recover at all. Using the scenario above, vehicle 2 would be able to collect 90% of damages from vehicle 1, but not vice versa.
Modified Comparative - 51%
Approximately one half of the states use this form of negligence. This states if a person is more than 51% at fault, they cannot recover from the other party. If a person is 50% or less at fault, they can collect damage. Using the above scenario, vehicle 2 can collect 90% of damages from vehicle 1, but not vice versa.
Some states have certain restrictions in addition to these negligence laws, these will vary depending on the situation. If you have specific questions, it is best to contact a qualified attorney in your area.
