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Matthew McCarter, LUTCF
McCarter Agency
ChesterCountyInsurance
2320 East Lincoln Highway, Coatesville, PA 19320
phone: 610.383.1119
fax: 610.383.1686
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Determining liability
Determining liability - how the insurance industry finds fault
When you are involved in a motor vehicle accident, it is not always clear to the insurance company who is solely at fault. Sometimes both parties contribute fault to the accident. Most of the time, one person contributes 100% and is exclusively at fault for the accident. Whatever the case may be, depending on where you live the contributory or comparative negligence will apply.
Comparative Negligence/Contributory Negligence
The definition of negligence is the failure to use such care as a reasonably prudent person would use under similar circumstances that are foreseeable. The state in which the accident takes place depends on its specific guidelines.
For example, if your state adheres to the comparative defense of not greater than and you are involved in an accident with another vehicle and found to be more than 50% at fault, the injured party (in the other vehicle) can bring a bodily injury claim against you, but you cannot collect since you are the majority at fault for the accident.
The four types of Negligence:
Contributory - Each party contributed to the accident therefore neither party can collect under the other person's auto liability policy. The significance of this doctrine is that any person who is negligent, even if only 1% is totally barred from recovery.
Pure (Comparative) - Each party can collect the percentage of damages for which they were not at fault.
Not Greater Than (Comparative) - The party found to be 51% or greater at fault cannot collect from the other party. If both parties are found 50/50% at fault, each can collect 50% from the other party (insurance carrier). Hence, a person may recover from another if their negligence is less than or equal to the other party.
Not As Great As (Comparative) - To collect a percentage of damages, the party will have to be found 49% at fault or less. If found 50/50% neither party can collect.
State Specific Negligence Doctrines:
Contributory - Alabama, D.C, Maryland, North Carolina, Virigina
Pure - Alaska, Arizona, California, Florida, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Mexico, New York, Puerto Rico, Rhode Island, Washington
Not Greater Than - Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Utah, Vermont, Wisconsin
Not As Great As - Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, North Dakota, Tennessee, West Virginia, Wyoming
Unusual Form of Comparative - Nebraska, South Dakota
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