Car accidents often involve multiple factors, and sometimes, more than one driver shares responsibility. If you find yourself partly at fault for a car accident in California, you may wonder if you can still file a claim. The good news is that California’s legal framework allows you to pursue compensation even if you bear some responsibility. Understanding how this works can help you navigate the claims process more effectively.

California’s Comparative Negligence Law

California follows a “pure comparative negligence” rule when it comes to car accidents. This means that each party involved in the accident can be assigned a percentage of fault, and your ability to recover damages is directly linked to your degree of fault.

How Comparative Negligence Works

Under California’s comparative negligence system, the fault for an accident is distributed among all parties involved based on their respective contributions to the incident. Here’s how it impacts your claim:

Percentage of Fault: If you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For instance, if you are deemed 30% at fault and the total damages amount to $10,000, you would be eligible to receive $7,000 (70% of the total damages).

Shared Responsibility: Even if you are more than 50% at fault, you can still file a claim. Unlike some states where you cannot recover damages if you are more than 50% at fault, California allows you to seek compensation regardless of your level of fault, although your recovery will be reduced accordingly.

Steps to Take After an Accident When Partly at Fault

Document the Scene: Gather evidence from the accident scene, including photographs, witness statements, and any other relevant details. This information will be crucial in determining the accurate distribution of fault.

Report the Accident: Notify the police and your insurance company about the accident. Ensure you provide a factual account without admitting fault at the scene.

Seek Medical Attention: Obtain a medical evaluation, even if your injuries seem minor. Medical records will be essential for your claim.

Consult with an Attorney: If you anticipate a complex claims process or if fault is disputed, consulting with a personal injury attorney can help protect your rights and navigate the legal intricacies.

Filing a Claim

When filing a claim, you’ll need to:

File a Claim with Your Insurance: If you have collision coverage, you can file a claim with your own insurance company. Your insurer will then seek reimbursement from the at-fault driver’s insurance, depending on the fault determination.

File a Claim with the Other Driver’s Insurance: If the other driver is primarily at fault, you can file a third-party claim with their insurance company. Be prepared for negotiations, as insurers often try to minimize their payout.

Negotiate a Settlement: Both parties’ insurance companies will negotiate based on the determined percentages of fault. Your attorney can assist in negotiating a fair settlement that accurately reflects your damages and degree of fault.

Legal Representation

Having legal representation can be particularly beneficial in cases involving shared fault. An experienced personal injury attorney can help:

Gather and Present Evidence: To support your version of events and challenge any inaccuracies in the fault determination.

Negotiate with Insurers: To ensure you receive a fair settlement.

Represent You in Court: If the case goes to trial, your attorney can advocate on your behalf to achieve the best possible outcome.

Conclusion

In California, you can still file a car accident claim even if you were partly at fault. The state’s pure comparative negligence law ensures that you can pursue compensation, though your recovery will be adjusted based on your share of the fault. By documenting the accident, reporting it properly, seeking medical attention, and consulting with a personal injury attorney, you can navigate the claims process and work towards obtaining the compensation you deserve. Understanding these steps can make a significant difference in the aftermath of a car accident, helping you to recover both physically and financially.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.