Issue of Fault
What can you do if the insurance company says it’s your fault?
If that happens the insurance company is saying their insured is not responsible for the accident. They are denying your claim and will not pay for property damage or bodily injury. The only way you can seek relief is to contact an attorney who will file a lawsuit on your behalf. In court, you must prove that it is more likely than not the other driver is at fault for the accident. Specific evidence will need to be presented to prove this.
What can you do if the insurance company says it’s partly your fault?
The crucial element in a personal injury lawsuit is the issue of fault. There are different degrees of fault and several elements must be proven in court to have a successful tort action against the opposing or negligent party.
Even if an accident was partially your fault you still may have a claim based on the concept of Modified Comparative Negligence with a 51% bar. The term “comparative negligence” means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused. If you’re injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you’re guilty of contributory negligence. The 51% bar only provides compensation if the victim is found at fault for 50% or less of the damage. If the victim is thought to be responsible for 51% of the damages or more he is awarded nothing.
The victim in these cases may even be partly at fault in the accident, yet that does not necessarily mean that they cannot bring, and win, a lawsuit.