Have you ever wondered what happens when both parties are at fault in a car accident? This situation, known as contributory negligence, can be confusing and complex. In this article, we’ll explore the definition of contributory negligence, explaining its implications, and what it means for your insurance coverage.
We’ll also provide practical advice on handling such accidents and explore how contributory negligence can impact your insurance premiums. Whether you’re a driver seeking clarity or simply curious, this guide will equip you with the knowledge you need.
What is contributory negligence?
Contributory negligence occurs when a car accident is caused by the negligence of both parties involved. Legally, it means that both parties share equal responsibility for the accident. This concept implies that the actions of both parties contributed to the incident, making them both accountable.
It’s important to note that the term “contributory negligence” isn’t explicitly defined in the law. If the term “joint” is used, it suggests that the accident happened with the intent of both parties. Therefore, cases of contributory negligence are often treated as separate instances of individual negligence.
Contributory vs. comparative negligence
While contributory negligence involves both parties being equally responsible for an accident, comparative negligence takes a different approach. In comparative negligence, the fault is divided between the parties based on the degree of their negligence. This means that each party’s responsibility is assessed, and the damages are allocated accordingly.
For example, if one party is found to be 70% at fault and the other 30%, the compensation for damages will be adjusted based on these percentages. This system allows for a more nuanced determination of liability and ensures that each party is held accountable in proportion to their contribution to the accident.
What are some examples of contributory negligence?
Understanding contributory negligence can be challenging without concrete examples. Here are some common scenarios where both parties might share responsibility for an accident:
- Intersection collisions: Two vehicles approach an intersection from different directions. Both drivers assume they have the right of way and proceed without yielding, resulting in a collision. Both drivers failed to yield and ensure the intersection was clear, making them equally responsible for the accident.
- Rear-end accidents: A car stops suddenly at a traffic light, and the vehicle behind it, following too closely, crashes into it. The leading car may be at fault for stopping abruptly without warning, while the trailing car is at fault for not maintaining a safe following distance.
- Lane change incidents: Two cars attempt to change lanes into the same lane simultaneously, colliding in the process. Both drivers failed to check their blind spots and signal properly, contributing to the accident.
- Pedestrian accidents: A pedestrian jaywalks across a busy street, and a driver, distracted by their phone, hits the pedestrian. The pedestrian is at fault for crossing illegally, while the driver is at fault for not paying attention to the road.
- Parking lot mishaps: Two cars back out of their parking spaces at the same time and collide. Both drivers failed to check their surroundings and proceed cautiously, leading to the accident.
- Bicycle and vehicle collisions: A cyclist rides against traffic and a car making a right turn hits the cyclist. The cyclist is at fault for riding against traffic, while the driver is at fault for not checking for oncoming traffic before turning.
Driving tips to prevent contributory negligence accidents:
To avoid incidents or charges related to contributory negligence, it’s crucial to follow these driving tips:
- Keep a distance of at least 5 metres for every 10 km/h of speed from the vehicle ahead. For example, if you’re driving at 50 km/h, maintain a gap of at least 25 metres.
- Frequently glance at your mirrors to stay aware of your surroundings.
- When driving on a secondary road, yield to traffic on the main road. Similarly, if you’re in the right lane and a faster vehicle approaches, move aside to let it pass.
- Use warning signals, such as turning on the indicator, to alert other drivers in blind spots.
Who is responsible in contributory negligence accidents?
When a case is determined to be contributory negligence, both parties usually handle their own damages, including repairs and medical expenses. However, sometimes it must be decided who was more negligent, leading to various scenarios:
1. Contributory negligence with a non-cooperative party
If the other party refuses to accept responsibility and demands full compensation, contact the police the police, seek mediation, or use evidence from a dashcam to prove contributory negligence.
2. Contributory negligence with injuries
If the other party is injured, they can claim medical expenses under the Motor Vehicle Act. Additionally, they will be covered by voluntary motor insurance, if applicable, according to the policy terms and conditions.
3. Contributory negligence with severe injuries
Similar to injury cases, the injured party can claim medical expenses from vehicle insurance and voluntary car insurance policies.
4. Contributory negligence without compulsory insurance
If the other party does not have compulsory insurance, they will not receive the basic protection required by law. They will not be able to claim from the compulsory insurance of the person who was also a joint negligent party. Therefore, the other party must be responsible for all expenses.
5. Contributory negligence with fatalities
If joint negligence results in a fatality, the deceased party’s family will receive initial compensation from the Motor Vehicle Act of THB 35,000 per person. Additional coverage will depend on the voluntary motor insurance policy, which may include conditions for compensation in cases of joint negligence, as well as other types of insurance previously subscribed to.
6. Contributory negligence without voluntary insurance
In the event of joint negligence and the other party does not have insurance, medical expenses will only be covered by the Motor Vehicle Act. Property damages, medical expenses of third parties, or damages to the vehicle will not be covered by voluntary insurance.
7. Contributory negligence without a driver’s licence
In the event of joint negligence and the other party does not have a driver’s licence, our insurance still provides coverage as before. However, the other party may not be covered by their own insurance but still has the right to receive coverage from the Motor Vehicle Act even without a driver’s licence.
Which types of car insurance cover contributory negligence?
Various types of voluntary car insurance policies provide coverage and compensation for contributory negligence as detailed below:
Does type 1 car insurance cover contributory negligence?
If an accident occurs and it is determined to be a case of contributory negligence, but both parties have first-class car insurance, they can claim repair costs from their own insurance. However, they may not receive the full repair amount since they are partially at fault.
Regarding medical expenses under the law, in cases of contributory negligence, the injured party will receive compensation from the insurance company for bodily injury or death according to the specified conditions and limits.
Does type 2+ and type 3+ car insurance cover contributory negligence?
Those with second-class plus and third-class plus insurance need not worry because if a collision with another vehicle occurs, these insurance policies will provide coverage. You must identify the other party at the scene, then file a claim and have your car repaired as usual.
Does type 2 and type 3 insurance cover contributory negligence?
If you have second-class or third-class car insurance and a collision with another vehicle occurs, you will need to pay for your own car repairs. However, if the other party incurs damages that you must compensate, second-class and third-class insurance will still provide coverage as usual.
Impact of contributory negligence on car insurance premiums
Being involved in an accident where contributory negligence is determined can have several impacts on your insurance premiums:
- Premium increases: Insurance companies may increase your premiums after an accident involving contributory negligence, as you are considered a higher risk.
- Loss of No-Claim Bonus (NCB): If you have a no-claim bonus, it may be reduced or lost entirely after a contributory negligence claim.
- Higher deductibles: Future policies may come with higher deductibles, meaning you will have to pay more out-of-pocket before your insurance covers the rest.
- Limited coverage options: Some insurers may offer limited coverage options or impose stricter terms and conditions on your policy.
- Impact on future claims: Having a contributory negligence claim on your record can affect your ability to make future claims, as insurers may scrutinize your driving history more closely.
To mitigate these impacts, consider taking defensive driving courses, maintaining a clean driving record, and shopping around for the best insurance rates.
What damages must be paid personally in case of contributory negligence?
A common question is what expenses you must cover if an accident involves contributory negligence. Typically, you will need to pay for almost everything, including car repair costs, medical expenses for yourself and your passengers, and property damages. If a third party is involved and suffers damages, the parties at fault must “share the cost” and jointly cover all expenses related to the third party’s damages.
If you’re looking for comprehensive car insurance that covers a wide range of scenarios, including contributory negligence, Roojai offers around-the-clock protection with policies tailored to your needs. Visit our website or contact us on LINE or Facebook to get a quote in just 5 minutes.
Definitions
| Intersection | Where two or more roads meet or cross each other, allowing vehicles and pedestrians to move from one road to another. |
| Mediation | A process in which a neutral third party helps disputing parties communicate and negotiate to reach a mutually acceptable agreement. |
