When a car insurance company examines a car insurance claim involving one of their members, they engage in a thorough investigation. Their goal is to allocate a minimum of 50 percent of the blame to the other driver. Typically, both drivers bear some responsibility in such cases. A 50/50 claim in a car accident insurance scenario occurs when the insurance agency concludes that liability, or fault, is evenly distributed between both drivers.
A 50 percent fault determination can result from even a minor error committed by one of the drivers, especially when the accident could have been avoided without that mistake. When both parties acknowledge their respective portions of the fault in a 50/50 at-fault accident, it’s referred to as a split liability agreement. In practical terms, this implies that the expenses for injury treatment or property damage will be divided evenly between the parties, and the claimant will be eligible to receive only 50 percent of the total value of their claim.
What fault determinations can be made?
When an accident happens and an insurance claim is made, the insurance companies must determine who is at fault. Depending on the laws of the state where the accident happened, fault may be assigned in various ways. Examples include at-fault, not-at-fault, 50/50 fault or a different percentage of fault such as 70/30. This determination will decide who pays for the claim or what portion of the claim.
Frustration frequently arises when a determination is reached, as one or both of the drivers may not fully comprehend the laws in their state, and the distribution of fault may appear unjust or genuinely unfair. This frustration is a common reaction to the outcome.
What is an at-fault vs a not-at-fault accident?
An at-fault accident is an accident where the liable party is determined to be at least 51 percent responsible for the damages and injuries caused by the collision. Conversely, a not-at-fault accident is one where the liable driver is determined to be 49 percent or less to blame for the resulting damages or injuries.
How do state laws affect the determination of fault in a car accident?
State laws have a big effect on the way that fault may be determined in a car accident.
Washington State is a comparative fault state, which means that fault is determined based on contributory fault law. In this system, fault can be shared in a car accident claim. Most states use this system.
In places that use contributory negligence law, it can be difficult to receive compensation. Even if you’re even slightly at fault for the accident. There are only a few jurisdictions that still use contributory negligence law to determine fault in a car accident. These are Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
In no-fault states, drivers carry “first-party” coverage for car accident injuries from their own insurer and fault doesn’t get determined. The Personal Injury Protection policy that drivers in these states are required to have provides money for medical care for basic injuries. States that use this system are Kansas, Utah, Hawaii, Florida North Dakota, Minnesota, Michigan, New York, and Massachusetts.
Common types of 50 50 claim car accident at-fault
There are many scenarios where an accident may be determined to be a 50/50 at-fault accident, such as:
- A driver was hit while making an illegal turn
- A collision happens after both drivers fail to stop properly at a 4-way-stop
- One driver was speeding when they were hit by a driver who made an unexpected lane change
Seek the help of a car accident attorney for a 50 50 Claim Car Accident
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
