Q: What do I do if the company gives me a ‘comparative negligence’ assignment?

A: Insurance companies are required to conduct a reasonable investigation and offer a fair settlement once liability has become reasonably clear. If you are making a claim for recovery from the other driver’s insurance company, your settlement may be reduced if the investigation determines that you are even partially responsible for the accident.
If the facts of the case seem clear and you believe the other party’s carrier made an “unreasonable” determination of comparative negligence, you may complain to the Department of Commerce. You may also take the driver of the other car to Conciliation Court if the amount of your claim is below the Court’s dollar ceiling. Note: Minnesota law does not allow insurers to automatically assign a percentage of negligence simply because you were involved in the accident.

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