Fault, No-Fault and Comparative Fault

Fault, No-Fault and Comparative Fault

“I do not think I can express how much it means to me that you took me under your wings! You did such an excellent job and went above and beyond.”

Emily and Adam Miller, Pine Island, Minnesota

Fault, No-Fault, and Comparative Fault are important concepts in connection with accidents.  However, these terms are often misunderstood.  This section defines these terms and shows how they are important in the evaluation of your case.

Fault

Fault means that in order to recover your losses, you must prove that the other driver/person did something wrong that caused the accident:  The accident was their “Fault”.

“Fault” is almost always required to recover general losses such as:

  • Future lost wages or lost earning capacity
  • Pain, suffering, disability, disfigurement, scarring or emotional distress

See our generic Jury Special Verdict Form.

In order to recover these general losses, you must prove fault in these insurance coverages:

  • Property Damage Insurance (PD) if you do not have Collision Insurance
  • Liability Insurance or Uninsured Motorist Insurance (UM)
  • Underinsured Motorist Insurance (UIM)
  • Umbrella Insurance

No-Fault

No-Fault means that you may recover certain specifically defined losses without having to prove that the other driver/person did something wrong that caused the accident.  You may recover certain specifically defined losses regardless of who was at fault—even if your fault caused the accident.

In order to recover certain specifically defined losses under these insurance coverages, you are not required to prove “Fault”

Proof of fault is required to recover:

  • Future lost wages or lost earning capacity
  • Pain, suffering, disability, disfigurement, scarring or emotional distress

See our generic Jury Special Verdict Form.

Comparative Fault

Minnesota, Iowa, and Wisconsin all use Comparative Fault to determine general losses.  Comparative Fault means that the fault of all parties involved in the accident are evaluated—by comparing percentages of fault—in order to determine your recoverable losses.

Your recoverable losses are reduced by your percentage of fault.  A simple example of Comparative Fault might be evaluated like this:

What percentage of fault do you attribute to:

Defendant50%

Plaintiff50%

Total100%

Under these circumstances, you will receive 50% of your recoverable losses.

However, if your fault is greater than 50%–even 51%–you will receive nothing.

See our generic Jury Special Verdict Form.

Let Us Handle Your Insurance Coverages

Interpreting and applying the concepts of Fault, No-Fault, and Comparative Fault are often complex and depend on the specific facts of your case.  The insurance companies have much more knowledge and experience in interpreting and applying Fault, No-Fault and Comparative Fault than you have.  Kauffman Law Firm interprets and applies Fault, No-Fault, and Comparative Fault every day.

If you or a loved one have been injured in a car accident or truck accident, you need to concentrate on one thing — getting on with your life.  Let our experienced team handle the issues of Fault, No-Fault and Comparative Fault in your case.

Free Consultation

We offer a free consultation, so you have nothing to lose by contacting us first.
For a free consultation:

Email us at contactus@kauffmanlawfirm.com or

Call us at 507-285-5350 or 877-285-5350

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