West Virginia Adjusters Practice Exam

Disable ads (and more) with a membership for a one time $2.99 payment

Prepare for the West Virginia Adjusters Exam with our interactive quizzes and comprehensive study resources. Practice with flashcards and detailed explanations to ensure success on your exam day!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.

The burden of proving comparative fault falls on:

the defendant.
the insurance company.
the person who seeks to establish such fault.
the judge.

The correct answer is: the defendant.

In a personal injury case, the burden of proving comparative fault typically falls on the defendant. This means that they must prove that the plaintiff's own actions contributed to their injuries in order to reduce the amount of damages they may have to pay. Option B, the insurance company, is incorrect because their role is not to prove fault but to provide coverage for the defendant. Option C, the person who seeks to establish such fault, is incorrect because it is the defendant who must establish comparative fault, not the plaintiff. Option D, the judge, is incorrect because it is not the judge's role to prove fault, but instead to oversee the legal proceedings and make a ruling based on the evidence presented.