If it was determined that I was 10% at fault for a car accident, does that mean I have to pay 10% of the damages to my car?

UPDATED: Jul 31, 2013

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If it was determined that I was 10% at fault for a car accident, does that mean I have to pay 10% of the damages to my car?

And 10% of the rental car? How does this work? The other driver clearly backed into me while I was driving down the alley.

Asked on July 31, 2013 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If were adjudicated (after binding arbitration or a trial) to be 10% at fault, then yest, that means that you have to pay 10% of the total damages in the action: so you could only recover up to 90% of the damage to your car, and would have to oayt 10% of the damage to the other vehicle. Even if the other driver backed into you, clearly, the fact finder (arbitrator, judge, or jury) felt that you were at least slightly careless or negligent in some way.

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