Comparative negligence is a legal system that determines to what extent a driver breached their duty to another driver. The extent is assigned a percentage, which is then used to distribute recovery of damages.

For example, if you’re found to be 30% at fault for an accident, then you are responsible for covering 30% of the damages. In this scenario, the other driver would be responsible for 70% of the damages because they are found to be 70% at fault.

Comparative negligence is used in both personal injury lawsuits and

third-party insurance claims

. In a lawsuit, the percentage of fault is assigned by a judge or a jury. In an insurance claim, the insurance company determines the percentage of fault to dictate what percentage of damages they will pay.

MORE:

What happens if you’re deemed at fault in an accident without car insurance?

Comparative negligence vs. contributory negligence

There are three different types of comparative negligence systems in use throughout the country—each state practices one of the three.

They are as follows:

Pure comparative negligence: An injured party may recover damages as long as they are not found to be 100% at fault.

Partial or modified comparative negligence: An injured party may recover damages unless they are found to be more than 50% or 51% at fault, depending on the state.

Contributory negligence: An injured party may recover damages only if they do not bear any fault in the accident.

The majority of states utilize a partial or modified comparative negligence system. There are 12 states, however, that practice pure comparative negligence, and 5 states that practice contributory negligence.

Key Takeaway There are three different types of comparative negligence systems: pure comparative negligence, partial or modified comparative negligence, or contributory negligence. Use varies by state.

MORE:

Missouri auto insurance laws and minimum requirements

What is Missouri’s comparative negligence law?

Missouri is one of the dozen states that uses a pure comparative negligence system. This means that a driver is entitled to recover damages from an accident even if they are partially at fault.

Therefore, if you get into an accident in Missouri and it is decided that you are 70% at fault, you are still entitled to file a claim. Because you are 70% at fault, however, you will be responsible for covering 70% of the other driver’s damages, while the other driver will be responsible for covering 30% of yours.

What happens if there are more than two responsible parties?

When multiple parties are involved in an accident, the percentage of fault will be divided amongst them. In this case, you may file a claim with one or all of the involved parties’ insurance providers—the amount of money you will receive from your damages will be in proportion to the percentage of each driver’s fault.

How is fault decided in a comparative negligence case?

Insurance companies review the evidence sent in with a claim, along with evidence from police reports to calculate the percentage of blame between the drivers.

If you’re ever involved in an accident, you should therefore document the following:

Makes and models of the cars involved

Time and weather conditions when the accident occurred

Photos of the damage each vehicle received

Possible statements from witnesses

Any police involvement

Once insurance companies have assigned percentages of fault, they will use them to determine how much money to distribute to the necessary parties.

MORE:

What do I do after a car accident?

How does car insurance work with comparative negligence?

Because Missouri uses a pure comparative negligence system, an injured party is entitled to recover damages even if they are found to be 99% at fault for an accident. As long as they are not fully to blame, they may still file a claim and receive compensation in proportion to the other driver’s fault.

For example, let’s say you are approaching a red light and come to stop, but the driver behind you hits you. It’s discovered after the accident that while the other driver was

texting while driving

and failed to see you, one of your brake lights was out, which contributed to the collision.

You can still file a claim with the other driver’s insurance provider. When the other driver’s insurer reviews the evidence, they determine that you are 20% at fault for the broken brake light, but the other driver is 80% at fault for distracted driving.

Under Missouri’s comparative negligence system, you are therefore entitled to recover up to 80% of damages from the other driver’s insurance provider. Thus, if the accident costs you $10,000 in damages and medical bills, the other driver is responsible for covering up to $8,000—but you are responsible for the rest.

On the other hand, you are responsible for covering 20% of the other driver’s damages because you are still 20% at fault.

Key Takeaway In Missouri, you can recover damages after an accident as long as you are not found to be 100% at fault.

How to find affordable car insurance

Despite Missouri’s generous negligence system, having good car insurance can protect you financially no matter what percentage you’re found to be at fault. With

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FAQs

Will my insurance go up if I’m at fault in an accident?

Yes—if you’re found to be at fault for an accident, you can generally expect your insurance premiums to increase by about 20%. This number will vary, however, depending on factors like your insurance provider, driving record, demographics, and the percentage of fault you were assigned.

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