What Are Comparative Negligence Laws?
When dealing with a car insurance claim, comparative negligence is a term that you may hear. Partial Fault The idea of comparative negligence is a legal maneuver used regularly outside the U.S. It is a legal defense that says the plaintiff can only get a reduced amount from a claim involving negligence if the plaintiff him or herself was negligent and that contributed to the loss. A jury or judge decides how much the plaintiff’s own negligence contributed to the accident and bases the judgment on that. This type of reasoning is less common inside the United States, although it is used. There are variations, including a modified comparative negligence law that only allows the plaintiff to collect from the opposite party’s insurance if the plaintiff is determined to be less than a certain percentage at fault for the accident. For example, many times the cutoff is 49% or 50%. If the plaintiff is found to be more than 49% at fault or more than 50% at fault, then they are unable to collect
