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What coverages do I have to buy?
What does "full coverage" mean?
What happens after I file a claim?
Why do I have to pay my deductible when the other party is at fault?
Why did my adjuster deduct for betterment?
What is comparative negligence?
Why is my vehicle a total loss?
How will the insurance company settle my total loss?
What is comparative negligence?
Comparative negligence is a method used to assign fault between two or more parties involved in an accident. The principle behind the law is total negligence cannot be assigned to one party in every situation. The actions or lack of actions by two or more parties can contribute to how the accident happened and the extent of the damages.
The State of Utah uses the 49-percent-modified form of comparative negligence. This means you must be 49 percent or less at fault before you can recover from the other party. If you are 49 percent at fault, you will recover 51 percent of your damages. If you are 0 percent at fault, you will recover 100 percent of your damages. When you and the other party are exactly 50 percent at fault, both of you must pay for your own damages or seek indemnification from your respective insurance companies.
If you disagree with how comparative negligence has been assigned by the other party's insurance company, you have two options. When your damages are more than your deductible, you may file a claim under the collision coverage of your policy. If your adjuster believes you are entitled to more money, he or she will present your case to an arbitration board.
When you do not have collision coverage or your damages are under your deductible, you can file a lawsuit in small claims court. In this setting, you will have to represent yourself. Make sure you have pictures of your vehicle and the scene of the accident, a diagram of how the accident happened, the police report, and three repair estimates. All witnesses must be present. If you receive a judgment in your favor, the other party or his or her insurance company must pay for your damages and the court fee.
© 2008 By Higgins Body & Paint, Inc. All rights reserved.
