Why one point is worth an entire recovery
Under Conn. Gen. Stat. § 52-572h(b), a claimant at 50% fault recovers half their damages, but a claimant at 51% recovers nothing at all. Most of the time, an extra percentage point of assigned fault simply means a slightly smaller check. Right at this specific threshold, though, that same single point takes on outsized weight — and insurers know it, which shapes how they approach fault right around the 50% mark.
The combined-defendant wrinkle adds real complexity
Connecticut's comparison isn't always a simple claimant-versus-one-defendant calculation. Because the statute compares the claimant against the combined negligence of everyone being sued — including settled or released persons — the math behind the 51% threshold can genuinely shift depending on how fault is allocated among multiple parties, including ones who are no longer actively part of the case. A settlement with one defendant doesn't remove that defendant's fault share from the combined total the claimant is still measured against.
Where the fault argument typically comes from
The building blocks are familiar: the narrative portion of the police report, a recorded statement taken from the claimant, witness accounts, photos or video of the scene, and any inconsistencies in how the incident has been described over time. What's different in Connecticut is how much weight a shift in any one of these carries once the numbers are close to the 50/51 line.
Why a recorded statement carries extra weight
An early, informal recorded statement deserves genuine caution in any state, but the stakes are sharper here specifically because of the 51% bar. A phrase that shifts an adjuster's internal assessment from 45% to 51% doesn't just shrink the payout modestly — it can eliminate it entirely. This is exactly the kind of detail many people choose to discuss with an attorney before giving a recorded statement.
Who ultimately decides
If a case goes to trial, the trier of fact — typically a jury — weighs the negligence of the claimant, the remaining defendants, and any settled or released persons whose fault share is still part of the comparison. See our Connecticut comparative negligence calculator for how a specific fault percentage translates directly into a recovery amount on either side of the line.