Virginia is one of a handful or so of states that continue to follow strictly the Common Law rule that if you are even minimally at fault in causing an accident in which you are injured, you cannot recover against the other driver. This is known as the doctrine of contributory negligence. Other states that do not adhere to the strict Common Law rule of contributory negligence apply a standard known as comparative negligence. Rather than completely prevent a party from any recovery at all , the jury must determine from the facts the relative degrees of fault of each party, and will award a percentage of the damages claimed to the less culpable person based on his or her degree of fault. However, don't take the claims adjuster's opinion as Gospel. Contributory negligence on your part has to be proved by the facts of the case, and whatever negligence you may have been culpable of, must be shown to have been a contributing -- not a remote or inconsequential -- cause of the accident. You would be well-advised to consult an attorney before accepting the adjuster's view.

Frequently Asked Questions

 


Q: I was negotiating with the other driver's insurance claims agent trying to settle my case. The claims agent said he wasn't going to pay me anything because the accident was partly my fault. Is this correct?

A:

Virginia is one of a handful or so of states that continue to follow strictly the Common Law rule that if you are even minimally at fault in causing an accident in which you are injured, you cannot recover against the other driver. This is known as the doctrine of contributory negligence.

Other states that do not adhere to the strict Common Law rule of contributory negligence apply a standard known as "comparative negligence." Rather than completely prevent a party from any recovery at all, the jury must determine from the facts the relative degrees of fault of each party, and will award a percentage of the damages claimed to the less culpable person based on his or her degree of fault.

However, don't take the claims adjuster's opinion as Gospel. Contributory negligence on your part has to be proved by the facts of the case, and whatever negligence you may have been culpable of, must be shown to have been a contributing -- not a remote or inconsequential -- cause of the accident.

You would be well-advised to consult an attorney before accepting the adjuster's view.


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