What is contributing negligence?

The law of torts deals with the protection of certain legally recognised interests relating to the person and property under common law. It allocates losses primarily by requiring the person who wrongfully invades such an interest to make proportionate monetary compensation at the suit of the person harmed.

Contributing negligence is where more than one party being negligent, has caused sufferance or damage to another. Each negligent party therefore is apportioned a ‘contributing component’ of negligence proportionate to the overall level of negligence applied.

As the motoring public further embraces the benefits of the IVIC ‘Structural Tolerance Report’ concept, the past antics of all stakeholders on a combined level are now more likely to be legally challenged by many aggrieved past and present customers.

Such actions could simply involve the remedial repair of a collision repaired motor vehicle whilst others could involve industrial negligence suits for the death of a person/s as a result of defective collision repaired vehicles. Whatever the basis of the action, all stakeholders will be obliged to compensate on a percentage of negligence basis.

IVIC strongly recommend for all motor vehicle owners having vehicles with previous collision repairs to immediately have the collision repairs inspected to determine their structural integrity and crashworthiness.