Overview
Being partly responsible for an accident does not automatically mean you cannot recover compensation. Most states use some version of a comparative fault rule, which reduces your recovery by your percentage of blame rather than eliminating it entirely. How fault is split can dramatically change the outcome of a claim, so it is worth understanding how the process works before you accept an insurance company's version of events.
Frequently Asked Questions
What happens if I was partly at fault for my accident?
Under comparative fault rules, your compensation is typically reduced by the percentage you were responsible for the accident, rather than blocking your claim completely. For example, if you were found 20 percent at fault, you could generally still recover the remaining 80 percent of your damages, though the exact rules vary by state.
Who decides how much I was at fault?
Fault is usually determined by the insurance companies during negotiations, based on the police report, witness statements, and physical evidence, or by a judge or jury if the case goes to trial. Because this percentage directly affects your payout, it is often the most contested part of a claim.
Can insurance companies unfairly blame me to pay less?
Yes, it is common for an insurance company to assign you more fault than is fair in order to reduce what they owe. This is one of the main reasons people bring in a lawyer, to push back with evidence and make sure the fault split is accurate.
Is there a point where being too much at fault stops my claim?
In some states, if you are found more than 50 percent responsible, you may be barred from recovering anything at all, while other states allow recovery no matter your percentage of fault, just reduced accordingly. Because these rules differ, it is important to have your specific situation reviewed.
Should I admit fault at the scene of the accident?
No. Avoid saying anything that sounds like an apology or admission of fault at the scene, since those statements can be used against you later. Stick to exchanging information and let the evidence and investigation determine fault.
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Get a Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
