If property loss in an auto accident went thru subrogation and came back at 70/30 does the payout on injury portion of the claim go by this % as well?
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UPDATED: Dec 12, 2011
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Insurance Question from Phoenix, AZ
Asked on 12/12/2011
If property loss in an auto accident went thru subrogation and came back at 70/30 does the payout on injury portion of the claim go by this % as well? NULL
Answer given on December 13, 2011
Yes, it would extend to the injury portion of the claim. Arizona has a pure contributory negligence law. Presently, thirteen (13) states follow a pure contributory negligence law: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington. In a pure comparative negligence system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault. For example, in a car accident between Bob and Carol where Carol was found to be 99% responsible, and the jury found that Carol suffered $10,000 in damages, that award would be reduced by Carol’s 99% fault in causing the injury. In the end, Bob would only have to pay 1% of Carol’s damages, or $100 in this case. You may need a lawyer to review your case to determine if the award of 70/30 was fair in this accident. To contact a personal injury attorney in your area, click here.
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