CONTRIBUTORY NEGLIGENCE/COMPARATIVE FAULT LAWS

Determining who is at fault (negligence) in a liability claim, and who must pay what, is one of the core functions of an adjuster's job. Every state has one of four basic systems for allocating fault and damages:

1. Pure Contributory 

2. Pure Comparative Fault 

3. Modified Comparative Fault

4. Slight/Gross Negligence Comparative Fault

This chart is current as of the date I wrote it, but adjusters should be familiar with their state’s rules. I cannot guarantee the accuracy of the list. Because laws and regulations can change without notice, an attorney should be contacted if there are any questions regarding this chart. These materials are provided for informational and educational purposes only and do not constitute legal advice or legal opinions because I am not an attorney.