Please see my answer to your duplicate question.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Your question is unclear.....................................................
I'd need a little more context to give an accurate answer, but an insurance company's payment of a claim (such as property damage) is not binding with regard to later asserting a comparitive negligence defense. It does put them in a more difficult negotiating posture.
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