In part 5 of our series dealing with claim denials by the at-fault driver’s insurance company, we are examining modified comparative fault in Minnesota. This means if you and the other driver are 50/50 at fault for the car accident, you cannot make a recovery against the other person. Minnesota requires that the other person is at least 1% more at fault than you are.
So, if you have a claim and it is worth $10,000 and you are both deemed 50% at fault, you can recover your $5,000 in a pure comparative fault state. Of course, they can also recover $5,000. It might be a wash, but it is what it is.
In Minnesota, if you are in a 50/50 situation, nobody gets anything, because you are both equally at fault. So, are often a lot of fights when you are in this situation where people are equally at fault for the accident, because you are trying to shift the burden.
If you have questions about your accident, call or text the car accident lawyers at 612-INJURED at (612) 465-8733 for a free consultation.