Auto insurance: What is contributory negligence. Why does it matter?
Auto insurance: What is contributory negligence. It matters to you.
You think it is simple. You have an auto insurance policy and your insurer pays for the claim.
It is not. The question for the insurer would be to decide the contributory negligence since they have the right to recover. For you the contribution matters from two points – how much you would be paid in an injury claim and secondly what would be the increase on your car insurance premium the next year – if you were at 50% or more at fault for the accident your driving record is tarnished and your car insurance premium rises. Of course, it all depends upon the insurance company but this is the general rule followed.
How Contributory negliegence works in auto insurance.
Contributory negligence means how much did one contribute to the accident. What was your fault percentage? In many states the current legislation knows no grey middle ground if this involves an to blame car crash. Many To blame Accidents are clearly the responsibility of one driver, however the damage may be more gentle or even the to blame accident averted, had another driver used more caution or better judgement. This is what is called discussing within the fault or contributory negligence. It voids the authority to recover 100% associated with a damages in many states. You will find a number of states which recognize the concept of comparative negligence. Under this technique a person 25% to blame could collect 75% of their loss in the car insurance company. The contributory negligence rule satisfies very little one in an to blame accident situation. Lawyers, particularly individuals representing a claimant are particularly unhappy discussing liability or damage to property limits with anybody however their client. Many car insurance companies prefer out-of-court pay outs than settling area of blame or permitting a judge or jury to determine the proportion of blame.
Having been in this field for over decades and discussing with the a Claims Manager the contribution is very important to be established by all parties, the insurance companies and the lawyers of the claimants, since it would be the basis of reasonable settlement, an acceptable quantity of contributory negligence is overlooked. Contributory negligence can create interesting situations and directly affect the quantum of settlement since if one is to be blamed for the accident say 50% the quantum of settlement would be reduced by that amount.
If you ever get involved in an auto accident, it would be best to find out how much you were at fault to establish contributory negligence
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