What is comparative fault?
In 1983, Missouri adopted the rules of pure comparative fault. Pure comparative fault allows your damages to be reduced by the percentage you are at fault in a loss. Insurers are allowed to investigate an accident and make a decision as to the percentage of fault of all parties involved. They will make voluntary offers based on this opinion. If you disagree with their evaluation, you should consult an attorney or turn over the matter to your own insurance company to handle under your collision coverage.
North Dakota law provides that the degree of fault or responsibility for an accident can be apportioned on a percentage basis among all the parties involved. This percentage is the amount each party contributed to causing the accident. The amount either party can recover in damages is reduced by the percentage of fault attributable to that party. However, a party cannot recover any damages if the percentage of fault he or she is assessed for the accident is as great as the combined fault of all other parties who contributed to the accident. Comparative fault example #1: Two drivers collide at an open intersection. It is determined that driver #1 is 80 percent responsible and driver #2 is 20 percent responsible. Driver #2 may recover 80 percent of his damages from driver #1 but driver #1 would receive no payment from driver #2.
