How Is percentage of fault determined?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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