Reader’s Question:

What is a comparative negligence law? Is that law implemented in all states such as here in Honolulu, Hawaii?

Andrew

Honolulu, HI

Hey Andrew, the comparative negligence law is most commonly referred to as the No Fault Law. In an accident, the fault is not always placed on one participant, meaning one party is not necessarily always held at fault for the incident that happened. Often, fault is distributed, in varying percentages, to the parties involved such that both have liabilities. The allocation of fault is normally identified after the insurance company and the claimant has negotiated. The scope of the comparative negligence law vary per state, that’s why you have to either consult an attorney there in Honolulu, Hawaii, or get a copy of state laws in order for you to better understand how this works.

However, you may find that in most states, there are two primary versions. There is what they call a “pure comparative negligence” in which a claimant can collect up to the amount of their damages less the percentage of the damage that was found to be their fault. There is also “modified comparative negligence” wherein a claimant is allowed to collect from the other party’s insurance company if he/she is determined to be at fault for a certain percentage. This type of law is more widely used than the first one.

Tags: car insurance law