, an injured party can collect damages according to their percentage of fault for an accident, but only if they’re found to be less than 50% at fault.

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What is comparative negligence?

Comparative negligence is the legal term used to describe how insurance companies determine fault in an accident. It’s also used to describe how judges and juries determine fault in personal injury cases.

For example, in most states, if you’re in an accident with another person and you’re found to be 40% at fault, you’ll be entitled to collect 60% of the damages from the other driver. So even though you’re not completely free of fault, you can still collect damages.

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Utah car accident laws

Comparative negligence vs. contributory negligence

There are three classifications of comparative negligence: pure comparative negligence, partial or modified comparative negligence, and contributory negligence. Each state’s law follows one of these principles.

Pure comparative negligence: An injured party collects damages according to their percentage of fault.

Partial/modified comparative negligence: An injured party may only collect their percentage of damages if they’re found to be less than 50% or 51% at fault (depending on the state).

Contributory negligence: An injured party may only collect damages if they’re found to be 100% not at fault.

Utah is one of many states that use a partial/modified system of comparative negligence, which they call comparative fault.

Key Takeaway In Utah, a plaintiff can collect damages in proportion with their level of fault for an accident, as long as they are less than 50% at fault.

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Does a no-fault accident go on your record?

What is Utah’s comparative negligence law?

Utah’s comparative fault law states that as long as a plaintiff is less than 50% at fault for an accident, they can collect damages in proportion to their level of fault. This means that if you’re found to be 20% at fault for an accident, you can collect up to 80% in damages from the defendant. However, if you’re considered 50% or more at fault, you cannot collect any damages.

What happens if there are more than two responsible parties?

Utah is a comparative fault state. This means that if more than two people are involved in an accident, insurance companies will need to determine not only who is most at fault for an accident but also each individual’s percentage of fault.

For example, let’s say you’re in an accident with Driver A and Driver B. You, Driver C, are found to be 25% responsible, Driver A is 25% responsible, and Driver B is 50% responsible. That means that you and Driver A are entitled to 75% of the damages each. You and Driver A will be entitled to collect 25% in damages from each other and 50% in damages from Driver B, but Driver B is not entitled to any damages.

You’re not required to file insurance claims with all involved parties’ providers. In the example above, you could choose to file a claim with Driver B’s insurance only to collect 50% of the damages. This would mean you forfeit your right to collect any damages from Driver A.

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How is fault decided in a comparative negligence case?

In the case of an accident, insurance companies use the evidence collected at the scene of the accident and information contained in police reports to determine an individual’s percentage of responsibility. This is why you should be sure to collect as much evidence as you can if you’re able.

When you’re at the scene of an accident, be sure to first check that everyone is okay (including yourself) and call 911 if necessary. Then, document as much evidence as you can:

Take pictures of the scene and all visible damage

Talk to any witnesses and record their names and contact information

Record the makes and models of all cars involved

Note the time of day and the weather conditions

If you call the police, be sure to record the police report number and the badge number(s) of the responding officer(s)

The more evidence you collect, the better equipped the insurance companies will be to determine who is most at fault.

Key Takeaway Collect as much evidence as possible at the scene of your accident to ensure fault is assigned fairly and accurately.

How does car insurance work with comparative negligence?

Because Utah is a modified comparative negligence state, you can file a claim with another driver’s insurance company as long as you’re less than 50% at fault for the accident. So even if you’re partially responsible for the accident, you can still file a claim to collect damages, but you can only collect damages in proportion to your amount of fault.

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FAQs

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

Yes. Insurance companies use a number of factors to calculate your unique insurance premium, including your demographics and your driving history (including your percentage of fault in accidents). If you’re found at fault for an accident, you could see your premiums go up by 20% or more!

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