How Is percentage of fault determined?

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How Is percentage of fault determined?

I was travelling a multi lane roundabout, and my car was already in the roundabout when the other party smashed into me on the rear wheels of my car. Yet the claim officer has ruled I was 100% fault, without factoring into the other party’s travelling speed / need to give way to traffic on the roundabout/their blind spot for not seeing me in the roundabout. So I’d like to know how the percentage of fault is determined and how is it that I’m injured from behind that I’m 100% liable?

Asked on July 25, 2017 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) It is subjective: there is no equation or calculation; it is a judgment  call.
2) The claim officer's opinion is not a binding legal determination, since it is not a court ruling. It means that the insurer he works for will not voluntarily offer you anything. But if you disagree--and based on what you write, you have grounds for disagreement--you can sue: if it is your own insurer (e.g. your collision insurance) not paying, you would sue your insurer for breach of contract, or not paying when, under the terms of the policy (which is a contract), they should pay; if it is the other party's insurer not offering you something, you sue the other driver. If you can prove in court (e.g. by a description of the accident and damage, your testimony, any police report or police officer testimony, etc.) that the other person was at fault, you should be able to recover something.


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