Can I Still File A Claim If The Accident Was Partially My Fault?
Being involved in a car accident is a stressful experience, especially when it’s not immediately clear who is at fault. You may be wondering if you can still file a claim and receive compensation if the accident was partially your fault. The good news is that in many cases, you can still recover damages, even if you were partly to blame. However, the amount of compensation you receive may depend on how much fault is attributed to you.
In this blog post, we will explore what happens when you are partially at fault for a car accident, how fault is determined, and what you need to know about filing a claim under comparative negligence laws. We’ll also provide guidance on what steps you should take after an accident and how a collision claim lawyer can help you navigate the process.
What Is Comparative Negligence?
In most car accident cases, determining who is at fault is a key factor in deciding who pays for the damages. But what happens if both drivers are partially responsible for the accident? That’s where comparative negligence comes into play.
Types of Comparative Negligence
Comparative negligence is a legal concept used to determine how much each party is at fault for an accident. There are two main types of comparative negligence laws:
Pure Comparative Negligence: In states that follow pure comparative negligence, you can recover damages even if you are up to 99% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 40% at fault for the accident, you can still recover 60% of the total damages.
Modified Comparative Negligence: In states that follow modified comparative negligence, you can only recover damages if your percentage of fault is below a certain threshold, usually 50% or 51%. If you are more than 50% at fault, you cannot recover any compensation.
It’s important to know which type of comparative negligence your state follows, as it will determine your ability to file a claim and receive compensation.
How Is Fault Determined in a Car Accident?
Determining fault in a car accident is crucial for deciding who will be responsible for paying damages. Fault is typically determined based on evidence gathered from the accident scene, including:
Police Reports: After a car accident, the police may be called to the scene to file a report. This report often includes important details about the accident, such as which driver violated traffic laws, witness statements, and any citations issued. Police reports can be a key piece of evidence when determining fault.
Eyewitness Testimony: Witnesses who saw the accident occur can provide valuable information about what happened and who may have been at fault. Their statements can help clarify events and support your version of what happened.
Traffic Laws: Sometimes, fault is determined based on a violation of traffic laws. For example, if one driver ran a red light or was speeding, they may be found at fault for the accident.
Surveillance or Dash Cam Footage: Video footage from traffic cameras, nearby businesses, or a dash cam can provide clear visual evidence of what happened during the accident. This footage can help determine which driver’s actions led to the crash.
Damage to Vehicles: The location and extent of the damage to the vehicles can also help determine who was at fault. For example, if one car was rear-ended, the driver who hit the other car from behind is often considered at fault.
Once all the evidence is gathered, the insurance companies or a court will determine the percentage of fault assigned to each driver.
Filing a Claim If You’re Partially at Fault
If you are partially at fault for a car accident, you may still be able to file a claim and receive compensation. However, the process can be more complicated, and the amount you can recover will depend on your percentage of fault. Here’s what you need to know about filing a claim under comparative negligence:
1. Understanding Your Percentage of Fault
When filing a claim, you need to understand how much fault is being attributed to you. If the other driver is claiming that you were partly responsible for the accident, their insurance company will likely investigate and assign a percentage of fault to each driver.
For example, if you were changing lanes when the accident occurred, and the other driver was speeding, you might be found 30% at fault while the other driver is found 70% at fault. In this case, your compensation would be reduced by 30%.
2. Calculating Your Compensation
Once fault is determined, your compensation will be calculated based on the percentage of fault assigned to you. For example, if the total damages from the accident are $10,000 and you are found to be 20% at fault, you would be entitled to recover $8,000 (80% of the total damages).
It’s important to remember that the other driver’s insurance company may try to assign more fault to you in order to reduce the amount they have to pay. This is where having a collision claim lawyer on your side can make a big difference.
3. Dealing with Insurance Companies
If you are filing a claim with your own insurance company or the other driver’s insurance company, they will conduct their own investigation to determine fault. It’s crucial to provide accurate and detailed information about the accident, including any photos, witness statements, and the police report.
Insurance companies may try to downplay your injuries or the damage to your vehicle, especially if they believe you were partially at fault. This is why it’s essential to have documentation of your injuries, medical bills, and car repair estimates.
4. Negotiating a Settlement
In many cases, the insurance company will offer a settlement based on the percentage of fault assigned to you. Before accepting any settlement offer, it’s important to carefully review the terms and make sure the offer fully covers your damages, including medical expenses, vehicle repairs, lost wages, and pain and suffering.
If you believe the settlement offer is too low or if the insurance company is assigning too much fault to you, you have the right to negotiate. Having a collision claim lawyer can help you negotiate a fair settlement and ensure that you receive the compensation you deserve.
5. Filing a Lawsuit
If negotiations with the insurance company fail or if the other driver’s insurance company denies your claim, you may need to file a lawsuit to recover compensation. In a lawsuit, the court will determine the percentage of fault for each driver and award damages accordingly.
Keep in mind that in states with modified comparative negligence, you can only recover damages if your percentage of fault is below the threshold. For example, if you are found to be 55% at fault, you may be barred from recovering any damages.
How a Collision Claim Lawyer Can Help
Filing a car accident claim when you are partially at fault can be complicated, and insurance companies may try to reduce your compensation. That’s why having a collision claim lawyer on your side is essential. Here’s how a lawyer can help you navigate the process and ensure that you receive the compensation you deserve:
1. Investigating the Accident
A lawyer will conduct a thorough investigation of the accident to gather evidence that supports your claim. This may include reviewing the police report, obtaining witness statements, and gathering any available video footage. A lawyer will work to minimize your percentage of fault and maximize your compensation.
2. Negotiating with Insurance Companies
Insurance companies often try to assign more fault to drivers in order to reduce the amount they have to pay. A lawyer can negotiate with the insurance company on your behalf and fight to ensure that you are not unfairly blamed for the accident. They will work to get you a fair settlement that covers all of your damages.
3. Representing You in Court
If your case goes to court, a lawyer will represent you and present your case to the judge or jury. They will argue on your behalf, using evidence to prove that you were not primarily at fault for the accident. Having a lawyer by your side increases your chances of winning the case and receiving the compensation you deserve.
4. Helping You Understand Comparative Negligence Laws
Comparative negligence laws can be complex, and they vary by state. A lawyer will help you understand the specific laws in your state and how they apply to your case. They will also explain how your percentage of fault affects your ability to recover damages.
For expert legal assistance, contact Collision Claim Lawyers at (800) 900-3868. Our experienced team is dedicated to helping accident victims navigate the claims process and recover fair compensation, even if they are partially at fault.
Steps to Take After a Car Accident
If you’ve been involved in a car accident and believe you may be partially at fault, it’s important to take the right steps to protect yourself and your claim. Here’s what you should do after the accident:
1. Check for Injuries and Call 911
First and foremost, check yourself and any passengers for injuries. If anyone is injured, call 911 immediately to request medical help. Even if the injuries seem minor, it’s important to seek medical attention as soon as possible.
2. Move to a Safe Location
If possible, move your vehicle to a safe location away from traffic. Turn on your hazard lights to alert other drivers to the accident. If the vehicles cannot be moved, stay in your car with your seatbelt on until help arrives.
3. Exchange Information
Exchange information with the other driver, including:
- Name and contact information
- Insurance information
- License plate number
- Make and model of the vehicles involved
It’s also a good idea to take photos of the accident scene, including any damage to the vehicles and road conditions.
4. Get a Police Report
Always report the accident to the police and request a copy of the police report. This report can be a critical piece of evidence in determining fault and will be used by insurance companies when processing your claim.
5. Document Your Injuries
If you are injured in the accident, be sure to document your injuries by seeking medical attention and keeping records of your medical bills, treatment, and any time missed from work. This documentation will be important when filing a claim for compensation.
6. Contact a Collision Claim Lawyer
If you believe you may be partially at fault for the accident, or if you are unsure how to proceed with your claim, it’s a good idea to contact a collision claim lawyer. A lawyer can help you understand your rights, gather evidence, and negotiate with the insurance company to ensure that you receive fair compensation.
Conclusion
Being involved in a car accident where you are partially at fault can be a confusing and stressful experience. However, under comparative negligence laws, you may still be entitled to compensation, even if you share some of the blame. Understanding how fault is determined, how to file a claim, and the role of a collision claim lawyer can make a significant difference in the outcome of your case.
If you’ve been in an accident and need help filing a claim, contact Collision Claim Lawyers at (800) 900-3868. Our team of experienced attorneys is dedicated to helping you recover the compensation you deserve, regardless of your percentage of fault. Don’t wait—reach out to us today to protect your rights and get the help you need after a car accident.
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