Driving on the roads today can be unpredictable. Even if you know this state’s roads like the back of your hand, you cannot account for every distracted or impaired driver. With self-driving vehicles, you can even catch videos of people asleep behind the wheel. But, every state has different laws surrounding liability, so where do we stand in Connecticut? If you are found partially liable for a car accident, can you still recover damages?
Modified comparative negligence
Connecticut operates under modified comparative fault negligence laws. This means that, following a car accident, drivers are assigned percentages of responsibility for a crash ranging from 0 to 100%. Typically, insurance companies make these determinations, but other parties can be involved. The responsibility percentage assigned then reduces the recovery of damages, or money, by the percentage of responsibility.
If a driver totals their car following a car accident, and their car and medical bills amount to $10,000, but they are deemed 10% liable, they can only receive $9,000 from an insurance settlement from the other party’s insurance company. However, if someone is deemed 51% liable or more, they may not recover any damages from the other party’s insurance.
Who pays then?
While not the most satisfying answer, every auto crash has unique facts that determine outcomes, like who will pay. But if you are deemed more than half responsible, the other insurance company may not have to pay you anything, and that also reduces your likelihood of success at a civil case.
Car accident costs can add up quickly
Having a car accident is a tough day for everyone involved, especially if you have property damage and injuries. First, care for your immediate health needs following an accident. Then, if able, document the car accident with photos, videos and collect witness information, if possible. Though, it can be advisable to contact an expert with car accidents and personal injury claims before making statements to insurance companies.