Comparative Fault

Comparative fault is a rule used in cases of personal injury where both parties in a collision are considered to be at fault. Currently, a number of states have adopted these principles. In some cases, comparative fault might split the responsibility of faulty down the line equally, 50/50. In other cases, comparative fault might assign different percentages of fault to each party depending on their role in the accident. It is up to insurers to assign these percentages of fault to each party, unless the case goes to court. In states that use pure comparative fault, a person can recover damages even if they were 99 percent at fault. The amount of damages received would be lowered by their percentage of fault, but he would receive some damages nonetheless.

Fast Facts

  • pure comparative fault is usd in 13 states

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