The comparative negligence rule, also known as the 51% rule, means the victim of an accident cannot receive compensation if they were more than 51% at fault. Insurance companies will often use this rule whenever they believe they can to avoid paying any compensation to the victim. Yet, if the victim was not more than 51% at fault for the accident, they might not know what they can do to dispute this and receive a settlement.
The first thing the client needs to do if they are denied a claim is speak with a lawyer. Lawyers are familiar with this rule and the tactics the insurance company will try to avoid a payout. They can negotiate with the insurance company to obtain a settlement for their client in most cases, and can take the case to court if necessary to obtain a settlement. If the case needs to go to court, it will be vital for the victim to have an attorney to help them through the case.
At court, the insurance company will need to prove comparative negligence as well as the percentage the victim was at fault for the accident. The lawyer for the victim will dispute this and can provide their own evidence to show the victim was not part of the cause of the accident. This needs to be handled carefully, as the burden of proof is on the insurance company but will need to be discredited by the lawyer for the victim to obtain a settlement. Depending on the actual cause of the accident, the proof from the insurance company, and the evidence offered by the lawyer, the person could receive the full settlement, a reduced settlement, or no settlement if it’s proven they did contribute more than 51% to the accident.
Victims of an accident are eligible for compensation, but the comparative negligence rule can reduce or eliminate the compensation depending on how much at fault the victim was. Any victim of an accident who is being denied compensation due to comparative negligence will want to ensure they contact a Truck Accident Injury Firm in Milwaukee, WI as quickly as possible to get the help they need to dispute this and obtain compensation for their injuries.