Even if you might have partly caused an accident yourself, you can still receive compensation from anyone else who was careless and partly caused the accident. The amount of another person's responsibility is determined by comparing his or her carelessness with your own. For example, if you were 25% at fault and the other person was 75% at fault, the other person must pay -- through the insurance company -- 75% of the fair compensation for your injuries. This rule is called comparative negligence. There is no formula for assigning a percentage to your carelessness - or that of the other person. During claim negotiations, you will come up with one number; the adjuster may come up with another and explain why you bear greater responsibility for the accident. The different percentages at which you each arrive then go into the negotiating hopper with all the other factors that determine how much your claim is worth.

Frequently Asked Questions

 


Q: Can I get compensation for my injuries if an accident might have been partly my fault?

A: Even if you might have partly caused an accident yourself, you can still receive compensation from anyone else who was careless and partly caused the accident. The amount of another person's responsibility is determined by comparing his or her carelessness with your own. For example, if you were 25% at fault and the other person was 75% at fault, the other person must pay -- through the insurance company -- 75% of the fair compensation for your injuries. This rule is called "comparative negligence."

There is no formula for assigning a percentage to your carelessness - or that of the other person. During claim negotiations, you will come up with one number; the adjuster may come up with another and explain why you bear greater responsibility for the accident. The different percentages at which you each arrive then go into the negotiating hopper with all the other factors that determine how much your claim is worth.


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