Last week, our blog focused on the term subrogation. To quickly recap, subrogation means that “a livery insurance company can pursue a claim with the responsible or adverse parties for deductibles, additional damages, or most importantly, the loss of revenues from the time needed to repair or replace a livery vehicle” (limo.org). This week, we want to discuss the three primary types of negligence that will affect subrogation.
Negligence may be an issue before you can collect, depending on who is deemed at fault (and by how much). This will determine how much you will end up collecting. Each state has a different set of laws concerning negligence, but there are three primary types to be aware of:
#1: Modified comparative negligence: Those who are involved in an accident and more than 51% negligent are NOT entitled to recovery.
#2: Pure comparative negligence: Even if you are 70% negligent, you can still receive 30% of the damage amount from the offending party.
#3: Contributory negligence: Even if you are 1% at fault, you CANNOT recover for damages. This is the most extreme form of negligence!
Remember: negligence can be decided informally unless the case goes to trial. If this happens, the jury would decide.
At Wolpert Insurance, we want to make sure that whatever the case is, you are properly covered with livery insurance. We are ready to serve New Englanders and offer comprehensive limo and livery solutions. Feel free to contact us for a free quote today!