0:00:12.159,0:00:13.989 Being in an accident is tough enough, 0:00:14.220,0:00:16.489 but depending on which state the accident takes place, 0:00:16.739,0:00:18.860 can determine how much money you can recover 0:00:18.860,0:00:21.420 from another driver or another insurance company. 0:00:23.610,0:00:24.440 In this video, 0:00:24.569,0:00:26.209 I'm going to talk about negligence 0:00:26.450,0:00:29.639 and the difference between comparative and contributory negligence. 0:00:32.360,0:00:33.270 Before we get started, 0:00:33.360,0:00:35.520 I want to invite you all to subscribe to the channel 0:00:35.520,0:00:38.389 to stay informed and learn more about your insurance policies. 0:00:40.720,0:00:41.479 So, to start, 0:00:41.590,0:00:42.790 what is negligence? 0:00:43.240,0:00:46.270 Negligence basically means your actions caused harm 0:00:46.270,0:00:47.840 or a loss to another individual. 0:00:49.139,0:00:49.750 For example, 0:00:49.900,0:00:51.409 if you rear end another driver, 0:00:51.540,0:00:54.130 you are 100% negligent for that accident 0:00:54.779,0:00:58.450 and your negligence would be that you were not paying enough attention to the road 0:00:58.450,0:01:02.009 and keeping enough distance between you and the driver that was in front of you. 0:01:03.240,0:01:05.269 Now there are two types of negligence, 0:01:05.720,0:01:08.750 comparative negligence and contributory negligence. 0:01:09.279,0:01:10.699 Comparative negligence 0:01:11.000,0:01:13.110 looks at the drivers involved in an accident 0:01:13.319,0:01:14.510 and asks the question, 0:01:14.760,0:01:17.569 did one driver's actions cause the accident 0:01:17.800,0:01:19.239 more than the other drivers? 0:01:20.669,0:01:21.550 For example, 0:01:21.709,0:01:24.220 if two vehicles are backing out of a parking space 0:01:24.419,0:01:25.919 and they back into each other 0:01:26.110,0:01:29.300 and the damages to the back bumpers of each of the vehicles 0:01:29.629,0:01:31.739 under the law of comparative negligence, 0:01:32.069,0:01:34.830 both drivers would share the responsibility and recover 0:01:34.830,0:01:37.500 50% of the damages from the other driver. 0:01:38.709,0:01:38.720 This 0:01:38.940,0:01:41.769 is an example of pure comparative negligence, 0:01:42.099,0:01:44.849 and each driver can recover money from the other party 0:01:44.849,0:01:47.290 in the amount in which they are not at fault. 0:01:47.779,0:01:49.250 So, with this same example, 0:01:49.500,0:01:53.650 let's say that driver 1's damages came to be $800 0:01:54.059,0:01:57.930 and driver 2's damages came to be $600. 0:01:58.660,0:02:01.870 Since both drivers are 50% liable for the accident, 0:02:02.400,0:02:05.819 driver 1 can recover $400 for their damages. 0:02:06.440,0:02:10.380 And driver 2 can recover $300 for their damages. 0:02:10.949,0:02:11.179 Now, 0:02:11.190,0:02:15.419 comparative negligence laws also have what they like to call modifiers, 0:02:15.830,0:02:18.820 and the modifiers can vary depending on the state that you live in. 0:02:19.570,0:02:23.740 The modifiers will restrict how much money you can recover from another driver 0:02:24.009,0:02:25.320 or the insurance company, 0:02:25.649,0:02:27.970 depending on your percentage of fault for the accident. 0:02:29.860,0:02:30.729 Each state 0:02:30.940,0:02:34.330 that adheres to the modified comparative negligence laws 0:02:34.779,0:02:37.050 follow either the 50% bar rule 0:02:37.380,0:02:39.139 or the 51% bar rule. 0:02:42.059,0:02:44.729 12 states follow the 50% bar rule, 0:02:45.220,0:02:49.419 meaning a damaged party cannot recover if it is 50% more at fault. 0:02:50.419,0:02:53.490 But if it is 49% or less at fault, 0:02:53.699,0:02:55.820 it can recover for its damages. 0:02:57.029,0:03:00.300 21 states follow the 51% bar rule 0:03:00.630,0:03:05.470 under which a damaged party cannot recover if it is 51% or more at fault. 0:03:06.460,0:03:08.529 Now under the 50% bar rule, 0:03:08.979,0:03:12.130 if a driver is 49% or less at fault, 0:03:12.460,0:03:14.699 they can recover their damages, 0:03:15.100,0:03:15.740 but 0:03:16.100,0:03:20.660 how much they can recover is reduced by how much they are at fault for the accident. 0:03:21.789,0:03:24.850 The same thing goes for the 51% bar rule. 0:03:25.160,0:03:29.289 If a driver is found to be 50% or less at fault for an accident, 0:03:29.960,0:03:31.470 they can also recover, 0:03:31.759,0:03:34.509 but the amount that they can recover from the other driver 0:03:35.000,0:03:38.880 is also reduced by the amount that they are at fault for the accident. 0:03:40.369,0:03:41.440 So, for example, 0:03:41.630,0:03:45.259 if driver 1 and driver 2 were involved in another accident 0:03:45.789,0:03:49.089 and driver 1 is 70% at fault for the damages 0:03:49.309,0:03:52.059 and driver 2 is 30% at fault, 0:03:52.470,0:03:55.979 let's say if driver 1's damages came out to be $1000 0:03:56.589,0:03:59.779 and driver 2's damages came out to be $300. 0:04:00.910,0:04:03.860 Let's also say that this accident took place in Colorado. 0:04:05.000,0:04:07.639 One of the states that follows the 50% bar rule. 0:04:09.190,0:04:12.740 Given that driver 1 is 70% at fault for the accident, 0:04:13.309,0:04:16.470 they will not be able to recover any of their damages from driver 2. 0:04:17.988,0:04:22.000 But since driver 2 is only 30% at fault for the accident, 0:04:22.470,0:04:25.829 they can recover 70% of their damages from driver 1. 0:04:27.390,0:04:30.980 Now let's take the same accident underneath the 50% bar rule 0:04:31.429,0:04:34.630 and say that both drivers were 50% at fault for the accident. 0:04:35.609,0:04:37.670 Underneath the 50% bar rule, 0:04:37.920,0:04:40.510 neither driver will be able to recover from one another. 0:04:42.679,0:04:45.040 But under the 51% bar rule, 0:04:45.489,0:04:48.769 both drivers will be able to recover 50% of their damages. 0:04:50.350,0:04:53.209 Most states follow comparative negligence laws, 0:04:53.339,0:04:56.809 but they differ between pure and modified comparative negligence. 0:04:58.130,0:05:02.070 The chart and the video will show which states follow which particular laws. 0:05:06.000,0:05:08.190 This chart here is a good reference guide 0:05:08.420,0:05:11.549 to which states follow either pure or modified 0:05:11.720,0:05:13.399 comparative negligence laws. 0:05:14.399,0:05:16.579 Now let's go to contributory negligence. 0:05:17.839,0:05:19.399 Contributory negligence 0:05:19.799,0:05:23.470 looks at drivers that are involved in an accident and ask the question, 0:05:23.760,0:05:26.709 did each driver contribute to the accident taking place? 0:05:27.890,0:05:30.559 If a driver contributed to the accident taking place, 0:05:30.769,0:05:33.320 then they cannot recover any money from the other party. 0:05:34.279,0:05:35.269 So, for example, 0:05:35.399,0:05:37.829 if two vehicles are backing out of a parking space 0:05:38.079,0:05:39.549 and they back into one another 0:05:40.000,0:05:42.230 under the law of contributory negligence, 0:05:42.559,0:05:44.989 both drivers share the responsibility 0:05:45.279,0:05:47.970 and cannot recover their damages from the other driver. 0:05:48.920,0:05:49.790 In this example, 0:05:49.989,0:05:52.700 both drivers would be at least 1% at fault 0:05:52.989,0:05:55.619 and under contributory negligence laws, 0:05:55.869,0:05:58.500 neither driver can recover from the other party. 0:05:59.109,0:06:01.910 Only the District of Columbia and 4 other 0:06:01.910,0:06:05.059 states practice in pure contributory negligence laws, 0:06:05.390,0:06:06.779 and they are Alabama, 0:06:07.109,0:06:08.059 Maryland, 0:06:08.399,0:06:09.140 Virginia, 0:06:09.350,0:06:10.459 and North Carolina. 0:06:11.959,0:06:13.929 So, this has been the basics of negligence 0:06:14.140,0:06:17.980 and the difference between comparative negligence and contributory negligence. 0:06:19.130,0:06:20.839 If you found the video informative, 0:06:21.109,0:06:22.239 share it with a friend, 0:06:22.570,0:06:23.779 subscribe to the channel, 0:06:24.049,0:06:27.450 and thank you for allowing The Insurance Quotient to keep you informed.