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What does 50/50 mean in regard to a car accident?
If my claim adjuster says that the car accident is 50/50, does that mean that me and the other driver are both at fault or that neither driver is at fault?
Shannon Martin · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
“The four elements of legal liability are:
- duty owed
- duty breached
- causation
- damages
50/50
claim
means that the adjuster has assigned 50% negligence to both parties involved in the accident. This means that each party had a duty owed to the other and breached that duty.Depending on the comparative negligence laws of your state, you may or may not be entitled to recover damages from the other party involved in the
accident
.Keep in mind that 50/50 negligence claims differ from word vs word claims.
In a 50/50 claim, the adjusters contend that both parties contributed equally to the accident, whereas in a word vs word claim, the insurance companies each contend that the other party is 100% at fault for the accident.
View full answer
- Gregory R.
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