What is Contributory Negligence? Can You Claim Insurance?

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What is Contributory Negligence? Can You Claim Insurance?

Most road accidents clearly identify which party is at fault or in the right. However, there are certain cases where the term "contributory negligence" applies.

What is contributory negligence?

"Contributory negligence" refers to an accident caused by the negligence of both parties, leading to damages. Legally, it is described as "both parties being negligent to some degree," meaning that both parties contributed to causing the accident and must share the responsibility.

However, it's important to understand that the term "contributory negligence" does not exist explicitly in the law. If both parties acted together, it would imply intent. Therefore, it must be analyzed to determine which party bears more fault.

Examples of accidents caused by contributory negligence:

• An accident at an intersection where both parties approach simultaneously at high speed, causing them to be unable to brake in time and collide.
• An accident where two cars, or a car and a motorcycle, are driving side by side and end up scraping or cutting each other off, resulting in damage to both parties.

Contributory Negligence: Who is Responsible?

When an accident is determined to involve contributory negligence, both parties are generally responsible for handling their own damages, such as vehicle repairs and medical expenses. However, in some cases, it may need to be determined which party was more negligent, leading to the following scenarios:

• Contributory negligence but the other party doesn't accept it: If the other party refuses to accept their share of responsibility and insists we bear all the costs, it's advisable to contact the police and use evidence, such as dashcam footage, to prove contributory negligence.

• Contributory negligence, the other party is injured: The injured party can claim medical expenses from the vehicle's compulsory third-party insurance (CTP) and may also be covered by their voluntary car insurance, according to the policy terms.

• Contributory negligence, the other party is seriously injured: In this case, the injured party would receive the same coverage as in regular injury cases, with medical expenses claimed from the CTP and voluntary insurance.

• Contributory negligence, the other party has no CTP insurance: If the other party does not have CTP insurance, they will not be covered by our CTP, and they must bear all the expenses themselves.

• Contributory negligence, the other party dies: The other party’s family will receive a preliminary compensation of 35,000 baht per person from the CTP, with additional coverage depending on the voluntary insurance the deceased may have held.

• Contributory negligence, the other party has no insurance: If the other party has no voluntary insurance, they will only be covered for medical expenses by the CTP.

• Contributory negligence, the other party has no driver's license: Our insurance will still provide coverage, but the party without a license may not be covered by their own insurance. However, they can still claim from the CTP.

How Does Car Insurance Cover Contributory Negligence?

• Comprehensive Insurance (Type 1): Type 1 insurance covers contributory negligence cases. Even if both parties share fault, you can claim repair costs from your own insurance, though it may not always cover the full amount.

• Type 2+ and 3+ Insurance: Type 2+ and 3+ insurance also cover contributory negligence, but there must be a clearly identifiable third party involved.

• Type 2 and 3 Insurance: In this case, you would be responsible for repairing your own vehicle, but the insurance still covers damages caused to the other party.

Finally, careful driving and adherence to traffic laws can help reduce the risk of accidents and losses due to contributory negligence.

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