Liability Determination — Comparative Negligence

This letter is sent to a third-party claimant to communicate the carrier's assessment of liability based on comparative negligence.

1. Introduction

Dear {{claimant_name}},

We have concluded our investigation into the liability and damages associated with the incident occurring on {{date_of_loss}}. This letter serves to communicate our liability determination regarding your claim for damages.

2. Factual Background

Our investigation of the incident included a review of {{evidence_sources}}, including the statements of all involved parties and independent witnesses. Based on the facts discovered, we have determined that {{incident_narrative}}.

3. Policy Language

Our liability determination is based on the applicable principles of negligence under the laws of the jurisdiction where this incident occurred. Liability is determined by assessing the duty, breach, and causation attributable to all involved parties.

4. Application

Based on the evidence described above, it is our position that you bear a portion of the fault for this incident. Specifically, we have determined that your failure to {{claimant_fault_description}} was a contributing factor.

Accordingly, we have assessed your comparative negligence at {{claimant_fault_percentage}}%. This means that we will only be responsible for {{carrier_liability_percentage}}% of the total proven damages sustained as a result of this incident.

5. Next Steps

We are prepared to discuss a settlement of your claim based on our liability assessment. Please provide any additional evidence or documentation that you believe may affect our determination.

If you have any questions, please contact me at {{adjuster_phone}}.

Sincerely,

{{adjuster_name}} {{adjuster_title}} {{company_name}}