Liability Reasoning Engine
Comparative fault, product defect and indemnity, reasoned state by state.
Keyword tools find words. The liability engine works out who is responsible, under which law, and for how much.
Try it · same $40,000 loss, four rules
Recoverable of $40,000
$32,000
Reduced by 20% comparative fault.
Tort liability reasoning
The fault rule decides whether a recovery exists at all.
| Rule | Bar | Example states | Insured 30% at fault | 50% | 60% |
|---|---|---|---|---|---|
| Pure comparative fault | No bar | CA, NY, WA, and others | 70% | 50% | 40% |
| Modified comparative, 51% bar | Barred at 51%+ | TX, IL, OH, PA, and others | 70% | 50% | Barred |
| Modified comparative, 50% bar | Barred at 50%+ | GA, CO, UT, and others | 70% | Barred | Barred |
| Pure contributory negligence | Any fault bars | NC, VA, MD, AL, DC | Barred | Barred | Barred |
Theories detected
Six ways a third party ends up owing you.
- Comparative negligenceAdverse driver, property owner or contractor fault, split under the loss state's rule.
- Product liabilityManufacturing and design defects, with CPSC and NHTSA recall cross-matching on model and serial.
- Contractor negligenceRecent installation, repair or hot work tied to the cause of loss.
- Contractual indemnityLease and construction contract indemnity, with waiver of subrogation checks before scoring.
- Municipal liabilityRoadway defects, public vehicles and utility work, with notice-of-claim deadlines attached.
- Vicarious liabilityEmployers of at-fault drivers, owners of leased equipment, general contractors over subs.
Made-whole & joint and several
Who gets paid first from a partial recovery.
Where the made-whole doctrine applies, the insured's uninsured loss is satisfied before the carrier keeps anything. Some states allow the policy to modify the rule; others treat it as public policy.
The engine also records each state's joint and several liability posture, which decides whether one solvent defendant can be pursued for the whole recoverable amount.
Carrier paid $57,500. Recovery capped at the total loss.
Made-whole allocation
Insured's uninsured loss is reimbursed first, carrier takes the remainder.
Pro rata allocation
Recovery shared in proportion to each party's share of the loss.
FAQ
Frequently asked questions
It weighs the facts extracted from the file (citations, admissions, diagrams, witness statements, contributing factors) against fault patterns for the loss type, then shows the estimate and the evidence behind it. Your subrogation specialist can override the estimate, and the recoverable amount recalculates instantly.
Yes. South Dakota compares negligence as slight versus gross rather than by a fixed percentage bar, so those claims are scored with a wider confidence band and routed for specialist review.
The engine flags claims where the insured has uninsured losses, applies the state's made-whole posture, and puts the deductible into the demand so the insured is reimbursed as state claims-handling rules require.
Yes. Lease and construction contract language in the file is checked for waiver of subrogation and anti-subrogation issues (such as pursuing your own insured or an additional insured) before an opportunity is scored as recoverable.
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