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Comparative Negligence

In auto accidents that involve more than one vehicle, it may seem easy to point fingers and blame one driver for the entire accident.

By Mark Fay | Updated on August 29, 2011
A variety of factors contribute to fatal auto accidents—many of which are from the deadly everyday maneuvers that drivers perform, like turning a corner or changing lanes. In the cases that involve more than one vehicle, it may seem easy to point fingers and blame one driver for the entire accident.

A 2001 study of four major carriers by T. Mark Fay Consulting found that adjusters are not necessarily confident in the percentage of liability to assign to each party, and that organizations fear the potential negative reactions of claimants, insurance departments, and other parties to the loss. Although one driver may not have checked their blind spot before merging, the other driver may be just as guilty of failing to drive defensively, and that should be recognized.

Not knowing how or why to assign comparative negligence and getting yelled at by customers every time you do can be discouraging. However, the good news is that training your employees to have a sharp eye for potential cases with comparative negligence is a relatively simple project that can make significant improvements. In claims, though, simple does not mean easy.

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