What is permitted under the law?
The Comparative Negligence Act permits insurance companies to determine responsibility for an accident in proportion to fault of the involved parties. The insurer will review the facts and investigate then assign a percentage of liability to the parties involved in the accident based on contributing factors. Examples of these factors include such things as, failing to observe and avoid the other vehicle, failing to sound the horn, apply brakes or swerve and/or driver inattention. Some terms you may come across when discussing negligence issues with the insurance company are: proximate cause of the collision, meaning the primary reason the accident occurred such as a driver not stopping at a stop sign; greater duty of care, such as a person pulling out of a stop sign having the responsibility to be certain no cars are coming before pulling out; last clear chance to avoid the collision, meaning the person who could have done something to avoid the accident occurring and evasive action, m
