Relative Fault: How is that measured?
When communicating with an insurance adjuster, you may hear that one person is 10-25% responsible for an accident, while the other is 75-90% responsible for an accident. From the article Fault and Compensation, you know that this percentage of fault has a big impact on how much compensation a person can collect. But what does it mean to be 10% at fault? How is that number calculated? Why is it 10%, and not 15%?
The answer is: there is no magic formula. The percentage fault is an approximate figure that tries to give some idea how much a person contributed to an accident. What one insurance claims adjuster, or one insurance company says is 10% fault could be 20% fault according to another adjuster or another company. Therefore, you can feel free to argue about your or another person’s percentage fault in an accident (within limits, of course).