How Comparative Negligence Can Reduce Your Accident Settlement

All auto accident claim settlements hinge on fault even in a pure comparative negligence state like Arizona. The primary fault for causation of an accident can be obvious in many cases, but no so clear in others. Collisions are commonly the result of shared fault among involved drivers who make split-second decisions while in transit. Very often cases ultimately come down to who was more at fault and how the accident was instigated. This determination is by no means scientific, and the final assignments of negligence are not officially completed until a case goes to court, if that becomes necessary. The truth is that most cases are settled before ever going to court, especially when fault is easily determined. However, that does not mean fault will not be central to any claim settlement negotiation when your Arizona accident attorney is bargaining with the respondent insurance providers.

Discounting Driver Injury Claims

While passengers who are injured in an accident are typically eligible for whole benefits when insurance protection levels will cover their total damages, drivers will have their injury and property damage settlements reduced according to the final assignments of comparative fault. The best aspect of pure comparative negligence law is that the only injured drivers who cannot be compensated for damages are those who are totally at fault for an accident or cause it intentionally. The comparative negligence percentage assigned to an injured driver will then be used to discount their total settlement eligibility.

Insurance Adjuster Defense

All insurance claims adjusters are primarily concerned with reducing the total company payout on any accident claims, which is typically achieved by deflecting fault away from their client. This component of an accident claim is exactly why it is vital to have an experienced accident attorney like the professionals at Tobler Law because insurance claims adjusters are trained professionals focused on protecting their company. Your accident attorney is likewise a trained professional who understands the deflection tactics of insurance adjusters who are attempting to lessen claim values. This is especially important in cases involving three or more vehicles, and it is even more important in high value injury cases where there will be significant general damages for pain-and-suffering resulting from long-term injuries.

It is also important to remember that all accidents will have certain elements that can be used to reduce a driver’s claim value potential, and claims are commonly much more valuable than injured claimants realize. Always retain an Arizona accident law firm like Tobler Law who can craft your case for a maximum claim settlement.