QuestionHello, I'm wondering, in auto insurance claims, what does a percentage liability mean exactly. For example if I am told that I am 25% liable, and the other party is 75% liable. Does this percentage affect how much my premium will do up, how much I pay out of pocket, and/or whether I get points on my license? Thank you for your time.
AnswerHello Mary,
The answer depends on who your insurance company is and what state you live in.
States usually follow 3 rules. The pure comparative fault, the more than fault, and the same as rule.
The pure comparative means that the 25% liable party must pay the 25% of the damages of the other party. The other party must pay 75% of the first party.
In a more than fault state, the party that is 51% or more at fault must pay their percentage of liability but will not get paid for what the damages they did not cause. In this case, the 75% will have to pay for 75% of the damages of the other party. They will not get compensated for the 25% that they did not cause.
The same as fault, would apply if both parties are 50% at fault, which is not the case here.
Please note that there are different variations of these rules.
Please visit:
http://www.auto-insurance-claim-advice.com/ for more information.
Please also contact an attorney before making any decisions regarding your claim.
Good Luck
Anne