The insurance company says I was partially to blame in causing my car accident. Does that mean I cannot recover from the other driver, whom I believe was responsible for causing the crash?
There are only a very small number of states where your own negligence will keep you from recovering any compensation at all from another negligent driver. Most states have some form of comparative fault, where the percentage of fault attributed to you will decrease your award in proportion to your fault, but won’t prevent you from a recovery. In Kansas, as long as you were not more at fault than the other driver, you can still file a lawsuit to recover damages. In Missouri, it doesn’t matter what percentage of fault is assigned to you; you can still recover damages from the other driver in proportion to their level of responsibility in causing the accident.
Don’t let the insurance company tell you that you were to blame. They want to pay as little as possible and will try to shift as much of the blame for the accident as they can onto you. At The Gorny Law Firm, we work hard to establish the other driver’s negligence, and to keep you from being saddled with any portion of negligence or fault that does not belong to you.
The choice of a lawyer is an important decision and should not be based solely upon advertisements. Photo credit: free pictures of money