When you’re pursuing compensation after a car accident, you should recognize what rights you have to move forward. Unfortunately, there are many misconceptions that people have about compensation and fault, especially when it comes to percentages of fault and how they impact a claim.
North Dakota has modified comparative fault, and if you’re trying to file a claim, it’s vital to know if you are responsible for any part of the crash. We’ll explain what this means and how it can negatively impact your compensation.
Your Percentage of Fault
The modified comparative fault laws state that if you are more than 50% at fault for an accident, you may not recover any kind of compensation. You cannot be more at fault than the other driver. However, in a 50-50 crash, neither party can recover compensation.
Your percentage of fault, though, can impact how much you may recover. A jury will determine how much fault falls on you for your own injury. If you hold any percentage below 50%, your damages will be reduced by that number.
For instance, if a jury determines you to be 20% at fault for your damages, and you are awarded $100,000 in compensation, you may only recover $80,000 because you hold some liability.
Why You Should Work with a Lawyer
Insurance companies are looking for any possible way to deny your claim, so they don’t have to pay out compensation. If they can prove your fault falls at 50% or above, you won’t be able to recover anything. To combat the tactics they commonly use, it’s best to have legal counsel in your corner and navigating your claim.
Our North Dakota car accident lawyers at Pringle & Herigstad, P.C. commit ourselves to helping you through insurance negotiations. Our goal is to maximize the compensation you may recover, so you don’t have to worry moving forward.
Call our firm today at (701) 599-4337 for a free consultation.