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 Posted: Wed Feb 11, 2009 1:09 pm Post subject: 50/50 |
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| I had an crash the insurance company say it is a 50/50 cliam however i am not claiming for damage on my car as it has no real damage. In this case will the companies split the cost of the other persons damage or will his insurance company have to pay. In a 50/50 claim does each party pary for their own damage or is the total amount split ? |
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garethmadeley
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Joined: 10 Feb 2009
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| Posted: Wed Feb 11, 2009 1:50 pm Post subject: |
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it depends on the state negligence laws...if you post your state i'll check...in a pure comparative negl. state 50/50 means you each pay 50% of the other partys damages...in a comparative negl. state with the 49/51 percent rule, you would both be barred from collecting from the other, because you have to be LESS than 50% at fault to collect...and there are about six others i think..
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Lori
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| Posted: Tue Feb 17, 2009 11:27 am Post subject: |
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Lori is right, its the matter of the state law. Under the comparative negligence law you can seek compensation from the other driver's insurer only if you have contributed to it for less than certain percentage, say for 50% or 49%. IMO there is no process of splitting the total amount between the two insurer.
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anonymous 12
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| Posted: Wed Feb 18, 2009 4:23 pm Post subject: |
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| Quote: | | IMO there is no process of splitting the total amount between the two insurer. |
Not sure I understand what you mean by this...but in a pure comparative state, if an accident is determined 50/50...say driver 1 has 2k in damage driver 2 has 1k in damage, driver 1's carrier pays driver 2's carrier 500, driver 2's carrier pays driver 1's carrier 1k (or to the owner)...so what do you mean?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Location: Missouri
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