Loss, How Apportioned

Losses caused by collision are to be borne as follows: 1. If either party was exclusively in fault he must bear his own loss, and compensate the other for any loss he has sustained. 2. If neither was in fault, the loss must be borne by him on whom it falls. 3. If both were in fault, the loss is to be equally divided, unless it appears that there was a great disparity in fault, in which case the loss must be equitably apportioned. 4. If it cannot be ascertained where the fault lies, the loss must be equally divided.