Many accident victims in Reseda hesitate to pursue a claim because they believe they share some blame for what happened. The good news is that being partially at fault doesn’t automatically bar you from recovering compensation under California law.
Can I Still Recover Compensation If I Was Partially at Fault?
Yes. California follows a “pure comparative negligence” rule, which allows injured victims to recover compensation even if they were partially responsible for an accident. Your total compensation is simply reduced by the percentage of fault assigned to you.
How Does Comparative Negligence Work?
Under this system, fault is assigned as a percentage to each party involved in an accident. For example, if you were found to be 20% at fault and your total damages were calculated at $100,000, you would still be entitled to recover $80,000, reflecting the other party’s 80% share of responsibility.
Is There a Limit to How Much Fault I Can Have?
Unlike some states that bar recovery once a victim is found more than 50% at fault, California has no such cutoff. Even if you were found to be 99% at fault, you could technically still recover 1% of your damages. That said, the higher your assigned percentage of fault, the more it reduces your overall compensation, making it critical to fight for an accurate and fair fault determination.
Who Decides the Percentage of Fault?
Fault percentages are typically determined through negotiation between the parties’ insurance companies or, if a settlement can’t be reached, by a judge or jury at trial. Insurance companies often try to assign a higher percentage of fault to injured victims in order to reduce their payout obligations, which is why having strong evidence on your side matters.
What Evidence Can Help Reduce My Assigned Fault?
Building a strong case to minimize your percentage of fault often involves:
- Police reports and citations issued at the scene
- Witness statements supporting your account of events
- Photographs or video footage of the accident scene
- Accident reconstruction analysis in disputed cases
- Documentation of the other party’s traffic violations or negligence
Why Do Insurance Companies Dispute Fault So Aggressively?
Because every percentage point of fault assigned to you directly reduces the insurance company’s financial liability, insurers have a strong incentive to argue that you share more blame than you actually do. Without pushback, this can significantly diminish the compensation you receive.
Should I Admit Fault at the Scene or to an Insurance Adjuster?
No. Avoid making statements about fault at the scene of the accident or during conversations with insurance adjusters. Even casual remarks can be used to argue that you accepted blame, which can hurt your claim later. Stick to factual information and let the evidence speak for itself.
How Pilavjian Law Can Help
At Pilavjian Law, we understand how insurance companies use comparative negligence to minimize payouts. We fight to accurately establish fault in accidents throughout Reseda, ensuring you receive the maximum compensation available under California law, even if you share some responsibility for the accident.
If you were injured in an accident and are concerned about shared fault, call (818) 380-3021 today to schedule a no-obligation consultation.