We recently received member feedback via our Member Satisfaction Survey that Auto decisions are too often determined at 100/0 liability or comparative negligence is often not applied.  

While Recovering parties often seek 100% recovery in arbitration, Adverse parties often reply with a 0% liability admission. These declared liability positions should not influence you to limit your options to award all or nothing. 

Please consider the following when making a liability decision:

1. Did the Adverse party argue the Recovering party breached a duty or duties owed?  
2. If yes, did the evidence support the alleged breach or breaches of duty?
3. If yes, the decision should include a commensurate percentage of negligence versus the Recovering party. 

Below is an example of a potential arbitration outcome applying comparative negligence.