Can I Recover Damages If I Was Partially At Fault

Name

Email*

Phone*

Message*

Get My Free Case Review

Confidential Case Review • No Fee Unless We Win

The question of recovering damages when you’re partially at fault is a very common one, and thankfully, California law doesn’t automatically disqualify you from seeking compensation simply because you weren’t entirely blameless. However, it significantly impacts how much you can recover. It’s crucial to understand how comparative fault works and how insurance companies will attempt to leverage it against you.

Insurance adjusters will meticulously investigate the accident, looking for any evidence, however small, to place blame on you. This could include speed, inattention, failure to yield, or even a questionable vehicle maintenance history. They then use this information to argue you were a percentage responsible for the accident, reducing their payout accordingly. It’s not uncommon for them to try and shift more of the blame onto the victim, even in clear-cut cases.

After practicing personal injury law in San Diego for over 13 years, and having been trained by a former insurance defense attorney, I’ve witnessed firsthand how adjusters evaluate claims. They are trained to minimize payouts and often undervalue medical expenses and future care needs. Knowing their tactics is half the battle.

What is Comparative Fault and How Does it Affect My Claim?

California operates under a “pure” comparative fault system, as outlined in Civ. Code § 1714. This means you can theoretically recover damages even if you were 99% responsible for the accident. The catch? Your recovery will be reduced by your percentage of fault. For example, if your total damages are $100,000 and you are found to be 30% at fault, you would only receive $70,000.

Determining fault is rarely simple. It often comes down to a battle of evidence – police reports, witness statements, accident reconstruction, and medical records. Insurance companies frequently rely on biased assessments and interpretations. It’s vital to have an attorney who can thoroughly investigate the accident, gather independent evidence, and present a strong counter-argument to their claims of fault.

Insurance adjusters in San Diego are particularly aggressive when it comes to comparative fault, as the area’s high population density and traffic volume lead to a large number of accidents. They’ll attempt to paint you as the primary cause of the incident, even if the other driver was demonstrably negligent.

How Do Insurance Companies Try to Establish Comparative Fault?

Insurance companies have a number of strategies to establish your share of the blame. These can include scrutinizing your driving history, analyzing your phone records, and interviewing witnesses. They may also employ accident reconstruction experts to create reports that favor their version of events. A seemingly harmless statement you made to the police immediately after the accident could be twisted and used against you.

They often focus on actions that could be interpreted as negligent, such as speeding, distracted driving (even momentary inattention), or failing to properly maintain your vehicle. Even if these actions didn’t directly cause the accident, they’ll argue they contributed to it, justifying a reduction in your payout. It’s critical to remember that insurance adjusters are not neutral parties; their goal is to protect their company’s bottom line.

One common tactic is to claim you had a duty to mitigate your damages. For example, they might argue you delayed seeking medical treatment, which worsened your injuries. Or they might claim you didn’t follow your doctor’s recommendations, prolonging your recovery. These arguments are often tenuous, but they can be effective in reducing your claim value.

What Evidence Can Help Counter Claims of Comparative Fault?

Building a strong defense against comparative fault allegations requires gathering substantial evidence. This includes the police report, witness statements, photographs of the accident scene, medical records, and any available video footage (dashcam, surveillance cameras). If there were independent witnesses to the accident, their testimony can be invaluable.

It’s also important to document your own actions leading up to the accident. For example, if you were running late for an important appointment, explain the circumstances to your attorney. A clear and consistent narrative can help counter the insurance company’s attempts to portray you in a negative light. Don’t attempt to handle this on your own.

Having a detailed understanding of the accident’s timeline and the other driver’s actions is crucial. Your attorney can conduct a thorough investigation, subpoena records, and interview witnesses to establish a clear picture of what happened. The more evidence you have, the stronger your case will be against their attempts to shift blame.

What Should I Do If the Insurance Company Claims I Was at Fault?

If an insurance adjuster tells you they believe you were partially at fault, do not make any statements or sign any documents without consulting an attorney. Politely decline to provide further information and refer them to your legal counsel. Attempting to negotiate with the insurance company on your own while they’re asserting fault can be detrimental to your claim.

An experienced attorney can assess the situation, gather evidence, and develop a strategy to counter their claims. They can negotiate with the insurance company on your behalf, protect your rights, and ensure you receive the maximum compensation you’re entitled to. Remember, they are experts at minimizing payouts and will attempt to take advantage of any perceived weakness in your case.

The most important step is to protect yourself and seek legal guidance. An attorney specializing in personal injury law can guide you through the complexities of comparative fault and ensure you receive a fair settlement.

Is it Worth Pursuing a Claim if I Was Partially at Fault?

Generally, yes. Even if you bear some responsibility for the accident, you may still be able to recover significant damages. The key is to have an attorney who can accurately assess your percentage of fault and negotiate a fair settlement with the insurance company. It’s often worth pursuing a claim, even if you believe you were partially responsible, as the potential recovery could outweigh the legal fees and expenses.

The value of your claim will depend on a number of factors, including the extent of your injuries, your medical expenses, lost wages, and pain and suffering. An attorney can help you evaluate these factors and determine the true value of your case. Don’t let the insurance company intimidate you into accepting a lowball offer. They often take advantage of accident victims who are unaware of their rights.

Ultimately, the decision of whether or not to pursue a claim is a personal one. However, consulting with an attorney is the best way to understand your options and make an informed decision. I offer free consultations to potential clients in San Diego and can help you assess the strength of your case.