Making a Claim Where You or Your Driver are Partially at Fault
Many people think that if they are partially at fault in an automobile accident, that they cannot make a claim for personal injury. This is not true. If you suffer personal injuries in an automobile accident in this state you may recover even if you are partially at fault. Connecticut has a statute for comparative negligence NOT contributory negligence. Under our laws a person may recover if he or she is 50 or less at fault. In certain states, you cannot recover if you are contributorily negligent. For instance if you are 20% at fault and your personal injury lawsuit recovers $1,000,000 you would receive an award of $800,000, a deduction of 20%.
If your driver is partially to blame your recovery may be reduced by the percentage of that driver’s negligence However, you may consider making a claim against that driver because this type of claim is covered by insurance. In this way, you may recover 100% on your personal injury claim.
Often, the driver of your car is a friend or relative. You’re making a claim against this person will not raise their rates. Rate increases are determined by fault and if that person is more than 50% at fault they will already be subject to a rate increase.
If you have any questions contact a Greenwich, Stamford and Norwalk car accident lawyer. We can, in certain cases go to your home in Norwalk , Stamford or Greenwich. A personal injury lawyer will advise you as to your rights regarding automobile accidents.