When you take your auto accident claims to court, there are two basic defenses that the defendant, usually an insurance company, can use to mitigate or completely avoid the paying the amount of money that you need to help recover from the personal injuries that you suffered. These two defenses are known as comparative negligence and assumptions of risk.
The defense of comparative negligence is used when a wreck is partially your fault. If someone runs a red light, but you smack into the side of them while you’re speeding, your reckless behavior is at least partially to blame for the accident. Under comparative negligence, you will also have to shoulder some of the financial burdens from the accident because of your actions. The judge or jury will decide what percentage of the accident you were responsible for, whether it is ten percent, or forty percent. Then the amount of damages that you can collect in an auto accident settlement is adjusted down by the percent of the accident that you are responsible for.
The second defense that insurance companies can use is the assumed risk defense. Under assumed risk, whether or not the defendant was negligent doesn’t matter because you willingly chose to encounter a clear and present danger though your own actions. This is mostly used in cases where people are injured in things like adventure sports such as skydiving or rock climbing, and is not used too often in auto accidents. However, there are a few situations where it could apply, for example, driving your car in a blizzard, blinding rain, or in incredibly icy conditions.
By knowing what defenses the insurance companies are likely to use, you can better build your case to refute these claims and come to a settlement more in your favor. If you’re trying to fight against an insurance company, keep all your paperwork and show as much as possible that the defendant, not you, is to blame in the accident.
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