Many people assume that contributing to an accident automatically disqualifies them from filing a car accident claim, but that’s not how the law works in California. If you were partially at fault for a crash, you could still be entitled to compensation for some of the damages you suffered.
California follows a legal rule called pure comparative negligence. In simple terms, this means you can still recover compensation even if you were partially responsible for the accident.
How this works
If multiple parties contributed to the crash, each party is assigned a percentage of fault based on their actions leading up to the accident. Your total compensation is then reduced by that percentage.
For example, if your total damages equal $100,000 but you are found to be 25% at fault, you may still recover $75,000. The remaining 25% reflects your share of responsibility for the accident.
Why fault is often disputed
Insurance companies often try to shift more blame to minimize payouts. The more fault they assign you, the less they have to pay. They may argue that you were distracted, driving too fast or ignoring warning signs. If you don’t push back, such claims can considerably reduce the value of your claim.
Remember, you have the right to challenge an unfair determination of fault. Presenting evidence in your support can help strengthen your position when disputing fault. This may include police reports, witness statements, surveillance footage and even statements from accident reconstruction experts,
Shared-fault claims can get complicated, especially if the facts are disputed. You may end up with less than you deserve if you’re not careful. Seeking early professional legal guidance can help protect your interests and secure a fair settlement.
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