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What is Modified Comparative Fault?

December 13, 2018|POSTED BY condor
Car Injury Lawyer Granbury Texas

If you’re hurt by someone else in an accident, you deserve to be compensated for your injury. It’s an unwelcome surprise to have an insurance adjuster tell you they’re willing to pay for only 80% of your loss instead of 100%. The insurance company is allowed to make this type of offer because of the modified comparative fault law in Texas. 

What is modified comparative fault, or comparative negligence?

In Texas, the amount you receive in a settlement can be reduced by up to 50% if your negligence contributed to the loss. For instance, if someone who ran a stop sign hits you, the other driver is at fault. However, if there’s evidence that you were going too fast, you may not be offered 100% of your damages even if you had the right of way.

If the insurance company decides you contributed 30% to the cause of the crash, they’ll only offer you 70% of your damages. And that’s after they look for ways to reduce the total amount allowed. If they determine you’re 50% to blame, they will only offer to pay half of your damages. If they decide you’re more than 50% at fault, there won’t be an offer.

It’s bad enough that an injury can take away your power to care for yourself and your family. The trauma of the entire experience can put unbearable stress on finances and home life. The constant worry about paying bills, along with the pain and suffering brought on by the accident, can undermine anyone’s sense of security.

Insurers have a vested interest in keeping costs low

In 2016, the National Safety Council reported that 4.6 million crashes required medical attention. Injury claims form a large share of insurance expenses. Most insurance representatives are professional and polite; they certainly don’t seem like they have bad motives. However, always remember that insurance adjusters work for the insurance company, not you. The adjuster is expected to settle the claim at the lowest ultimate cost, even if that means you don’t get all of your bills paid.

Going to court is very costly for insurers, and they would rather negotiate than incur the expense of a trial. Insurance companies are so reluctant to go to court that almost all cases are settled outside of court. In fact, according to the law dictionary, only four to five percent of cases are heard before a judge.

Very few consumers have any experience with this type of negotiation and are not prepared to go toe to toe with a powerful insurer. Brett Cain knows that good, hard working people need help when it comes to facing down profit-oriented insurance companies.

Having a strong negotiator on your side is essential. Let Brett Cain and his team use their expertise to fight on your behalf to help you get what you are owed. Contact Cain Firm today to schedule a free consultation.



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