Comparative Negligence Law

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Auto Insurance

An Illinois law that sets forth how negligence for an accident is determined. Under these rules, you can collect from an at-fault driver only if you are less than 50% at-fault for the accident. In addition, you can only collect for damages in proportion to the amount of fault attributable. For example, if you are involved in an accident and the judge determines you are 20% at-fault for the accident, you can collect from the other driver (since you are less than 50% at-fault) but you cannot collect any more than 80% of your damages from the other driver (since the other driver is only 80% at-fault).

A Utah law that sets forth how negligence for an accident is determined. Under these rules, you can collect from an at-fault driver only if you are less than 50% at-fault for the accident. In addition, you can only collect for damages in proportion to the amount of fault attributable. For example, if you are involved in an accident and the adjuster determines you are 20% at-fault for the accident, you can collect from the other driver, since you are less than 50% at-fault, but you cannot collect any more than 80% of your damages from the other driver, since the other driver is only 80% at-fault.

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