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Mass is a Modified Comparative state, but I'm not sure if it is 50/50 or 51% rule, I found conflicting info.

In states with a modified comparative fault - 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less. If the injured party's fault level reaches 50%, he or she cannot recover any damages. In states with a modified comparative fault - 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%. If the injured party was 50% or less At Fault, he or she may still recover damages. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff's fault was responsible for more than half (thus 51%), of the accident, that plaintiff is barred from recovering any damages. It is also Joint and Several liability. Remember that exceptions to the standard negligence systems are present in several states. Some states limit the types of cases these negligence systems apply.

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Q: What are auto insurance property damage fault determination rules in MA?
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Will liability insurance pay off your vehicle if it is totaled?

Your own liability insurance will never pay for the damage to your property or for your medical expenses. Your collision insurance pays for damage to your property, if it is your fault. Your Uninsured Motorist Insurance or Underinsured Motorist Insurance pays for damage to your property if caused by someone else who is uninsured or under-insured. Your liability insurance will pay for the damage to someone else's property or for someone else's medical expenses, if it is your fault. Someone else's liability insurance will pay for the damage to your property or for your medical expenses, if it is their fault.


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Property damage liability car insurance will cover the individuals car and property that you hit. It will not cover anything to do with your vehicle if the accident is your fault.


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The At-Fault motorist (via their insurance) is liable for damage to property.


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It should if they have property damage liability.


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