Before you can collect on a subrogation claim, there is the issue of negligence. Who is at fault, and by how much, can determine how much you end up collecting. Each state has certain laws concerning negligence. Negligence can be decided informally, or if an accident case goes to a trial, the jury would decide. Every jurisdiction has a different statute. There are three primary types of negligence:
1. In New Jersey, for example, they have modified comparative negligence. If you are involved in an accident, and you are more than 51% negligent, you are not entitled to recovery.
2. In New York, for example, there is pure comparative negligence, where you could be 70% negligent, and still get 30% of the damage amount from the offending party.
3. In Maryland, for example, there is the most extreme form: contributory negligence. Even if you are 1% at fault, you can’t recover for damages. The District of Columbia and three other states also have contributory negligence laws: Virginia, Alabama, and North Carolina.
• Source: Blue Leaf Claims of Suffield, Conn.