If the other dog owner was at least 51% at fault, then you will recover. Otherwise you will not.

Advice: if the other dog owner was at least 51% at fault, then you will recover. Otherwise you will not.

In a 51% threshhold state, you cannot recover compensation if you are equally at fault with the other party. If you are exactly 50% at fault, you lose. If you are 49% or less at fault, you will be fine.

The portion that you should receive should be equal to the percentage of the other dog owner’s fault. If he was 60% at fault, then you should receive 60% of your loss. Example: if your loss was $1000, then he would have to pay you $600.

Keep in mind, however, that if his dog was injured, then he is entitled to an amount equal to the percentage of your fault. Example: if you were 40% at fault and his loss was $1000, then you would have to pay him $400 (or give him an “offset” or credit for that amount).

So, when both dogs are injured, the result can turn out very unsatisfactory. In the examples given above, the net result would be that the other dog owner would pay you $200. The math might even be worse than that, if your loss is small and the other guy’s is large. In that event, you could end up owing him even though you were less responsible for the entire accident than he was.

In accidents that involve more than three parties, most states having this kind of comparative liability still look to your percentage of fault. If it exceeds 49%, you are out of luck. The defendants still have to pay their share. For example, if one is 20% responsible and the other 40% responsible, then the first would have to pay 10% of your loss, and the second 40% of your loss (minus any offsets).

So now you will read Volume 1: Text, to learn how to move your claim forward. And you will be using the forms and pre-written letters in Volume 2: Forms.