What Happens If The Insurance Company Says I Was Partially At Fault?
When an insurance company alleges partial fault, they are essentially arguing that your own actions contributed to the cause of the accident. This doesn’t automatically disqualify you from recovery, but it can significantly impact the amount of compensation you receive. California operates under a principle of “pure comparative negligence,” meaning you can still pursue a claim even if you were 99% at fault. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 30% at fault for an accident with $100,000 in damages, you would only be able to recover $70,000.
Determining fault is a complex process that involves a thorough investigation of the accident. Insurance companies will often rely on police reports, witness statements, and accident reconstruction experts to build their case. They may also attempt to use your own statements against you, which is why it’s critical to avoid speaking with the insurance adjuster without legal representation. They are trained to minimize their liability and will look for any opportunity to shift blame.
As a personal injury attorney with over 13 years of experience practicing in San Diego, I’ve seen firsthand how insurance companies evaluate claims. I was previously trained by a former insurance defense attorney, giving me intimate knowledge of their tactics, strategies, and internal valuation methods. This insight allows me to effectively counter their arguments and protect my clients’ rights. I understand how they devalue claims and what evidence they look for to deny coverage.
What evidence does the insurance company use to prove I was at fault?
Insurance companies employ a variety of tactics to establish partial fault. This often begins with a review of the police report, looking for any statements you made at the scene that could be interpreted as an admission of negligence. They will also gather witness statements, seeking corroboration of their version of events. Accident reconstruction experts may be hired to analyze the scene, vehicle damage, and other factors to determine the cause of the collision.
Increasingly, insurance companies are relying on digital evidence, such as dashcam footage, cell phone records, and vehicle telematics data (ECM/EDR). This data can provide valuable insights into your driving behavior leading up to the accident. For example, if your cell phone records show you were actively using your phone at the time of the crash, the insurance company may use this as evidence of distracted driving. Similarly, telematics data can reveal your speed, braking patterns, and other critical information.
It’s important to remember that the insurance company has a vested interest in minimizing their payout. They will often present evidence in a way that is most favorable to their case, and they may selectively interpret data to support their arguments. That’s why it’s crucial to have an experienced attorney on your side who can thoroughly investigate the accident, gather their own evidence, and challenge the insurance company’s findings.
Can I still file a claim if the insurance company claims I was partially at fault?
Absolutely. As mentioned earlier, California’s pure comparative negligence system allows you to pursue a claim even if you were partially at fault. The key is to understand your rights and to build a strong case that demonstrates the extent of the other party’s negligence. Even if the insurance company alleges you were 50% at fault, you are still entitled to recover 50% of your damages.
The process of negotiating with the insurance company can be complex and challenging, especially when fault is disputed. They may attempt to lowball your settlement offer or deny your claim altogether. An experienced attorney can help you navigate this process, gather evidence to support your case, and fight for the maximum compensation you deserve. We will analyze all available evidence, including police reports, witness statements, and medical records, to build a compelling argument that demonstrates the other party’s liability.
What if the insurance company claims I was speeding?
If the insurance company alleges you were speeding, they will need to provide evidence to support their claim. This could include radar gun readings, witness statements, or vehicle telematics data. It’s important to carefully review this evidence to determine its accuracy and reliability. Radar guns, for example, can be subject to errors or calibration issues. Witness statements can be biased or unreliable.
In California, commercial trucks are strictly prohibited from exceeding 55 miles per hour on any highway (CVC § 22406). Proving a violation of this speed limit in San Diego freeway crashes is a primary tool for establishing statutory negligence. If the truck driver was exceeding the speed limit, this can be strong evidence of negligence, even if your own speed was also a contributing factor. An attorney can help you obtain and analyze this evidence to build a strong case.
What is comparative fault and how is it determined?
Comparative fault refers to the degree to which each party involved in an accident contributed to the cause of the collision. In California, a jury (or the insurance adjuster) will assess the percentage of fault attributable to each party. This assessment is based on a variety of factors, including the actions of the drivers, the road conditions, and any other relevant circumstances.
Determining comparative fault is often a subjective process, and the insurance company may attempt to inflate your percentage of fault to reduce their payout. That’s why it’s crucial to have an experienced attorney on your side who can present a compelling argument that minimizes your fault and maximizes the other party’s liability. Under California’s ‘pure’ comparative fault system (Civ. Code § 1714), even if you are found to be 99% at fault, you can still recover 1% of your damages.
What should I do if the insurance company asks for a recorded statement?
You should **never** provide a recorded statement to the insurance company without first consulting with an attorney. Insurance adjusters are trained to ask leading questions and to elicit statements that can be used against you. They may attempt to trick you into admitting fault or downplaying your injuries. A recorded statement can be a powerful tool for the insurance company, and it’s best to avoid it altogether.
If the insurance company insists on a recorded statement, politely decline and inform them that you will only communicate through your attorney. Your attorney can then advise you on the best course of action and protect your rights. It’s important to remember that you are not obligated to provide a statement, and doing so can only harm your case.
