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?

Answer provided by
Shannon Martin
Answered on Jul 06, 2021
Shannon is an expert in personal lines liability insurance with 13 + years of insurance industry experience. She also served as a special insurance liaison to AARP members for 6 of those years. She is a graduate of UL Lafayette and currently resides in NY with her family. Shannon is also an amateur juggler, ukulele player, and is a time travel paradox theory enthusiast.
“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.

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