Can You Get Compensation If the Accident Was Your Fault in California?

Yes, you can still get compensation if an accident was your fault in California.

Those who are partially at fault for auto accidents in California can still recover compensation from the other driver’s insurance company based on California’s pure comparative negligence rule.

This rule simply reduces accident victims’ compensation by their percentage of fault rather than entirely eliminating their compensation.

In addition, those at fault for car accidents may also be able to recover compensation from their own insurance companies.

Call our experienced car accident attorneys today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in a car accident, even if you believe you share some blame. Our car accident lawyers can help you recover compensation for medical bills, lost wages, property damage, pain, suffering, wrongful death and more, and won’t charge you any fee until we win your case.

Can You Get Compensation if the Accident Was Your Fault? California’s Pure Comparative Negligence Rule, Explained

State laws determine how shared fault impacts compensation claims after a car accident.

In California, both parties can share fault in a car accident, which affects the amount of compensation they can recover. For example, in a side-impact accident, both parties can be found at fault, which does not prevent either from seeking compensation, but complicates the process.

In pure comparative negligence states like California, drivers can recover damages based on their percentage of fault in the accident.

If you are only partially at fault, you may still recover damages from the other driver’s insurance, reduced by your percentage of responsibility.

Pure comparative negligence allows recovery of damages even if you are 99% at fault, with payout reduced by the fault percentage.

Li v Yellow Cab Co. established how modern comparative negligence works, replacing an old rule which barred recovery when plaintiffs were even slightly at fault.

Most states utilize a modified comparative negligence system instead, where a driver can only recover damages if they are less than 51% at fault in a shared fault car accident. However, unlike these states, California does not bar recovery if your fault exceeds 50 percent.

You can recover compensation in California from the other driver or their insurance company as long as you are not found 100 percent at fault for the accident.

How Your Fault Percentage Reduces Your Compensation

In car accident cases with more than one at-fault party, your total damages will be calculated first.

Then, your total damages will be reduced by your assigned percentage of fault.

For example, if your damages total $100,000 and you are found 30 percent at fault, you will be eligible to recover $70,000, since $30,000 is 30 percent of $100,000 and $70,000 is $100,000 minus $30,000.

If you were found 80 percent at fault instead in the above scenario, you will still be entitled to $20,000, or 20 percent of your proven damages.

The only scenario where you will not qualify to recover compensation from the other driver or their insurance company is if you are found 100 percent responsible for the accident. And, even in this scenario, you may still be able to recover compensation from your own insurance company.

Fault percentages are negotiated during settlement discussions or, when cases go to trial, determined by juries.

The best way to negotiate your fault percentage down to the lowest number possible is to hire an experienced car accident lawyer to handle your case.

What Damages Can You Recover Even If You Were At Fault?

Our law firm can help you pursue compensation for multiple types of damages even if you were partially at fault for a car crash, including:

Medical Bills

You can pursue compensation for all past and future medical costs related to your accident, even if you were partially at fault for the accident.

This includes compensation for the costs of things like surgeries, ER visits, hospital stays, doctor visits, medications, physical therapy, rehabilitation, medical treatments and more.

Lost Wages

You can seek compensation for any wages you’re unable to earn due to an accident, even when the accident is partially your fault.

So, if you were hurt too badly to work for a period of time, or you had to take time off from work to attend medical appointments, you can seek compensation for these lost wages.

Loss of Earning Capacity

If your car wreck has left you disabled, you can seek compensation for the loss or reduction of earning capacity this represents, even if you were partly to blame for the accident.

Property Damage

You can seek compensation for the cost to repair or replace your vehicle via an insurance claim, even if you were partly to blame for your accident.

Pain and Suffering

Even if an accident was partially your fault, you can still seek financial compensation for any physical pain, mental suffering, emotional distress, lost quality of life, and loss of enjoyment of life resulting from the accident.

Wrongful Death

You can seek wrongful death damages if you lost a loved one in an accident, even if your loved one was a partially at fault driver.

This includes compensation for things like funeral and burial costs, the medical bills your loved one incurred before passing, the pain and suffering your loved one endured before passing, and the loss of your loved one’s spousal benefits, household services, companionship, love and income.

Punitive Damages

Punitive damages can be sought in some cases, even when you’re partially at fault for an accident.

An example would be that you may seek punitive damages if you were partially at fault for an accident primarily caused by another driver who was drunk.

Punitive damages both maximize your compensation and punish wrongdoers for their behavior.

Who Determines How Much Fault You Share?

In shared fault accidents, the insurance adjusters will often determine the percentage of fault for each driver involved in the accident.

Police reports are used by insurance companies to help determine fault in car accidents.

Insurance companies will conduct their own investigation to determine fault in a car accident. Insurance adjusters will review evidence and interview witnesses to determine fault in a car accident.

In most cases, fault is negotiated during settlement talks before a trial is ever necessary. This negotiation can involve insurers as well as lawyers.

However, when settlements can’t be reached and cases go to trial, juries typically assign percentages of fault to each party involved, with all percentages totaling 100 percent.

Factors that influence fault allocation include:

Traffic violations
Witness testimony
Police reports
Expert reconstruction analysis

Insurance companies have a financial incentive to assign you a higher percentage of fault in order to reduce what they pay you. Because of this, it’s wise to hire an experienced car accident attorney if you were injured in an accident which was partially at fault.

How Insurance Companies Use Fault Against You

If you were injured in an accident that was partially your fault, it’s very likely that you will receive a phone call from the other driver’s insurer, and very soon after the accident.

The purpose of this phone call is to try to get you to say something while you’re being recorded that the insurance company can use to pay you less or nothing at all.

Insurance adjusters often pressure claimants to admit fault early in the process, sometimes before a full investigation is complete.

Statements you make to insurance companies can be used to inflate your assigned fault percentage.

Because of this, it’s best to hire an experienced car accident law firm if you were injured in an accident which was partially your fault. A law firm can handle all communications and negotiations with the other driver’s insurance company so you don’t have to worry about saying the wrong thing while being recorded.

This is important because the other driver’s insurer must pay you more money when less fault is assigned to you.

An experienced attorney can investigate your accident independently, gather evidence and challenge any inflation of your percentage of fault during negotiations.

An experienced lawyer can also take your case to trial when an insurer refuses to negotiate in good faith.

Can I Claim Damages If I Am Partially at Fault in a Government Vehicle Accident?

Yes, however, the rules are different when a government entity is involved.

California’s comparative negligence rule will still apply. However, you will generally only have six months from the date of injury to file a government tort claim.

Missing this deadline can bar you from recovery entirely, regardless of fault.

For this reason, it’s crucial that you contact an attorney as soon as possible if a city, county or state vehicle was involved in your accident.

Could a Third Party Share Fault for Your Accident?

Yes.

Even if you believe you were 100 percent at fault for an accident, a full investigation may reveal that another party contributed to the conditions that made the accident possible.

Identifying additional defendants can reduce your assigned fault percentage and open up additional sources of compensation.

Scenarios where third parties could share fault for your accident include:

Dangerous Road Design or Maintenance

Accidents which appear to have been caused by drivers on the surface may have actually been at least partially caused by:

Poorly designed intersections
Missing guardrails
Faded lane markings
Unrepaired potholes

Caltrans or local government agencies may share liability in dangerous road design claims when hazardous road conditions play roles in accidents.

Government liability claims have strict six month deadlines, so you need to act quickly to preserve this option.

Defective or Recalled Vehicle Parts

Manufacturers may be liable for accidents regardless of how the accidents initially appeared when accidents are caused by the consequences of vehicle defects, such as:

Brake failures
Steering malfunctions
Sudden unintended accelerations

Drivers involved in accidents linked with active vehicle recalls may have product liability claims against manufacturers in addition to any negligence claims.

Vehicles with known software or automation issues, such as those involved in Tesla Autopilot-related accidents, may qualify for claims.

Attorneys can subpoena maintenance records, pull recall databases and work with automotive experts to determine if a vehicle defect contributed to your accident.

FAQs

Will Filing a Claim If I Was Partly at Fault Raise My Insurance Rates?

Filing a claim may affect your insurance premiums depending on your insurer’s policies and your level of fault.

However, this concern should not stop you from pursuing compensation that you are legally entitled to.

An attorney can help you understand the full picture before you decide whether to file a claim.

How Do I Prove the Other Driver Was Also at Fault?

Useful evidence for proving another driver was also at fault includes:

Police reports
Dashcam footage
Photos and video of the scene
Witness statements
Medical records documenting your injuries

Our attorneys handle evidence collection for you so you can focus on your recovery.

How Long Do I Have to File a Car Accident Claim in California?

California generally allows two years from the date of the accident to file a personal injury lawsuit. However, there are exceptions to this two year time limit, some of which shorten it and others which lengthen it. For example, you typically only have six months to file a claim when a government entity is involved. Waiting too long can forfeit your right to compensation, so contact an attorney as soon as possible.

How Do You Dispute Fault for a Car Accident?

Key steps involved in disputing fault for a car accident include:

Asking your insurance company for a detailed written explanation
Gathering new evidence, including video evidence, witness testimony, photos, scene evidence, and a police report
Contacting an attorney who can protect your rights, handle communication, hire an accident reconstructionist and negotiate with insurers

Important things to avoid include:

Admitting fault at the scene or to an adjuster
Signing statements or accepting fault
Talking to the other driver’s insurance company (you should let a lawyer do this for you)

Does Insurance Cover At-Fault Accidents?

Compensation can be obtained even if you caused an accident through your own Personal Injury Protection (PIP), medical payments coverage, collision coverage or comprehensive coverage. PIP can pay for medical expenses, lost wages, and essential services that you cannot perform. When a driver is 100% at fault, they generally cannot seek compensation from the other driver’s insurance and must rely on their own.

How Long Does an At-Fault Accident Stay on My Insurance Record?

At-fault accidents typically stay on your insurance record, affecting premiums, for three to five years. Minor accidents might impact your rates for only three years.

However, severe accidents can influence insurance costs for five years or more, depending on insurer policies and state laws.

How Long Do At-Fault Accidents Stay On Your Driving Record?

In California, most records stay on your DMV driving record for three years.

However, serious incidents involving injuries or felonies can stay on your DMV driving record for 10 years in California.

Can I Lose My House Due to an At-Fault Car Accident?

Yes, you can lose your house because of an at-fault car accident if court-awarded damages exceed the limits of your insurance coverage.

Assets like your home are placed at risk when you’re found personally responsible for remaining costs after your liability insurance gets exhausted.

Ways to protect against this include:

Purchasing an umbrella policy, which provided extra liability coverage which goes into effect once your standard policy gets exhausted
Hiring a personal injury attorney who can help to defend your assets, reduce your percentage of fault for the accident, navigate state-specific laws and negotiate a settlement within your policy limits

How Do You Dispute an At-Fault Accident on Your Driving Record?

To dispute at-fault accidents on your record, you need to formally challenge the finding with your insurance company using new evidence, or file a Traffic Accident Record Correction Request with the DMV.

Steps for disputing an at fault accident on your record include:

Gathering new evidence like photos, videos, witness statements and expert opinions
Requesting an investigation review from your insurance company
Having a personal injury attorney help you argue that another driver shares a percentage of the liability to reduce your own

You may have to pursue the matter in small claims court or through your state’s insurance regulatory body if the insurance company won’t change their decision.

How Do You Win an At-Fault Accident Claim?

Winning an at-fault accident claim requires:

Gathering evidence
Obtaining witness information
Securing the police report
Filing a formal dispute, complete with supporting evidence, if an insurance unjustly assigns you fault
Avoiding admitting fault
Hiring an experienced car accident attorney who can help you with all of the above steps

What Happens After a Car Accident That Is Your Fault?

Things that will likely happen after a car accident that is your fault include:

Your insurance will cover the other party’s property damage and medical damage
Your insurance premiums will likely rise significantly after the accident gets reported
You will likely see points added to your license
You’ll need to report the accident to the DMV if there were injuries or damages exceeding a specific amount
Your insurance company will investigate the accident, likely by reviewing police reports and contacting witnesses

Understanding these outcomes can help you take the right steps after an accident and protect yourself financially.

What Should You Do After an Accident That Is Your Fault?

Things you should do after an accident that is your fault include:

Don’t leave the scene of the accident.
Move to safety, turn your hazard lights on and check for injuries.
Call 911 and make sure to get a copy of the police report.
Get names, insurance info, contact info and licence plate numbers from every driver.
Get contact info of witnesses.
Take pictures of everything relevant, like traffic signs, skid marks, road conditions or vehicle damage.
Avoid admitting fault or apologizing for the accident.
Seek medical attention as soon as possible after the accident.
You should consult a car accident attorney to understand your options after a shared fault accident.

Taking these steps can help protect your rights, preserve key evidence, and prevent issues with your insurance claim.

Contact Our California Car Accident Attorneys Today

You may still qualify for financial compensation for medical bills, lost wages, property damage, pain, suffering, wrongful death and more, even if you were partially at fault for the accident.

Why Injured Drivers Choose Nadrich Accident Injury Lawyers

Our responsive legal team provides car accident victims with 24/7 availability, reliable communication and frequent case updates.
We have been successfully recovering compensation for car accident victims since 1990.
Our lawyers provide free consultations and don’t charge any legal fee until we win, meaning our only fee is a percentage of any money we recover for you.
We have the comprehensive resources to handle the biggest, most complex car accident cases and win.
Our high-stakes litigation team has been successfully handling car accident cases worth six digits, seven digits or more for over 30 years.
We provide trial-ready representation, which means we won’t settle for a quick payout that’s worth less than the true value of your case, and are ready to fight for you in court.
Our lawyers and legal teams have recovered over $750 million for clients.

Past results do not guarantee future outcomes. All cases are unique and results depend on cases’ specific facts.

Call us today for a FREE consultation at (800) 718-4658.