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If you have been shopping for auto insurance, you may have heard the term "comparable negligence." What does this term mean, and how does it affect your ability to collect payments if you have an accident?
Definition
Comparable negligence means that the amount you are entitled to collect under your auto insurance policy is determined by your percentage of fault in an accident.
Calculation
Calculation of percentage of fault is not an exact science. Adjusters and investigators review all of the circumstances of an accident to determine the percentage of fault attributable to each driver.
Pure Comparable Negligence
Under pure comparable negligence, your claims payments are reduced by your percentage of fault. If you are 30 percent at fault, your payments would be reduced by 30 percent.
Proportional Comparable Negligence
Under proportional comparable negligence, if your percentage of fault exceeds a certain limit, you cannot recover at all. The threshold is 50 percent in some states and 51 percent in others.
No Fault
Several states use a "no fault" approach, which allows you to collect under your insurance without regard to fault.
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