After a car accident, an insurance company will conduct their own investigation to determine if the details of the accident matches with what the drivers involved have said. However, one of the things insurance adjusters may try to do is to ask questions that imply that the injured party was partially at fault for causing the accident. However, being accused of contributing to an accident does not automatically prevent you from recovering compensation.
What Does It Mean to Be Partly at Fault for a California Car Accident?
Being partly at fault for a car accident means that your actions allegedly contributed to the collision or the resulting harm, even though another person's negligence also played a role. For example, if a driver suddenly changes lanes without checking their blind spot and strikes another vehicle, that driver may bear substantial responsibility for the collision, but if evidence shows that the other motorist was significantly exceeding the speed limit, the insurer could argue that excessive speed contributed to the crash.
How Does California Split Liability in Accidents?
California uses a pure comparative negligence system to determine liability in complex accident cases. Under this system, fault will be divided by each party’s degree of fault and if the injury victim was at fault then their total awarded compensation will be reduced by their percentage of fault. For example, if you were awarded $100,000 but were found 20% responsible for the accident, your recovery could be reduced by 20%, leaving $80,000.
Even if you were found 70% responsible for an accident, California's pure comparative negligence rule would not automatically eliminate recovery, but the remaining 30% could potentially still be recoverable from another responsible party, depending on the facts and other applicable rules.
Can an Insurance Company Decide That You Were at Fault?
An insurance adjuster can make a fault determination when evaluating a claim, but that does not make the insurer's percentage legally binding in every context. As part of their process, an adjuster may review evidence such as:
Police or collision reports
Statements from the drivers
Witness statements
Photographs and videos
Vehicle damage
Physical evidence from the accident scene
Applicable traffic laws
After reviewing this information, the insurer may assign percentages of fault and while that determination may affect what the insurer offers to pay, you do not necessarily have to accept its conclusion.
Why Would an Insurance Company Say You Were Partly at Fault?
The reason that an insurance company may try to say that you are partly at fault is because comparative fault can significantly reduce the amount an insurer may have to pay. For example, if your damages in a car accident are worth $200,000 and the insurer accepts that their driver was completely responsible, then they would have to pay you the full amount.
However, if the insurer successfully establishes that you were 25% responsible, then that $200,000 in damages could be reduced to $150,000. This makes the percentage of fault an important issue during settlement negotiations.
Common Ways Insurance Companies Try to Establish Fault
Common allegations that insurance companies try to use to leverage the state’s comparative fault laws can include claims that the injured driver was:
Speeding before the collision
Following another vehicle too closely
Distracted by a phone
Failing to use a turn signal
Making an unsafe lane change
Failing to yield
Driving too quickly for traffic or weather conditions
Entering an intersection unsafely
Failing to take reasonable action to avoid a collision
Whether any of these allegations actually establishes comparative negligence depends on the available evidence and whether the conduct contributed to the accident or resulting injuries. However, if you need additional support to negotiate against insurance companies it is recommended to hire a personal injury lawyer for your case.
What Evidence Can Challenge an Insurance Company's Fault Decision?
A comparative-fault dispute can turn based on the evidence that shows what happened immediately before the collision. For instance, traditional forms of evidence like photos of the accident can tell a story of what may have happened and can potentially challenge a fault-dispute with a good enough argument, but dashcam and surveillance video footage show how an accident happened much more clearly and can quickly end any disputes of fault.
What If More Than One Person Caused the Accident?
If more than one person caused the car accident, then the same comparative fault rules will apply, meaning if five people were involved in a multi-vehicle freeway collision then liability and fault will be split between those five depending on their degree of responsibility for the accident. With that in mind, identifying every potentially responsible party can therefore be important, particularly when one insurance company is attempting to place a disproportionate share of responsibility on the injured person.
Should You Give the Other Driver's Insurance Company a Recorded Statement?
It is customary to provide a statement to the other driver’s insurance company for claim-related reasons, however, it is urged to use caution, because an adjuster may ask detailed questions about your speed, where you were looking, when you first noticed the other vehicle, whether you attempted to brake and what you were doing immediately before impact.
Those details can become important in a comparative-fault dispute and statements such as "I didn't see them until the last second" or "I might have been going a little fast" can potentially become part of the insurer's evaluation of responsibility, even when the complete circumstances provide additional context.
While you should be truthful when communicating about an accident, you do not have to speculate about details you do not remember or guess about speeds, distances and timing.
What Should You Do If the Insurance Company Blames You for the Accident?
Receiving a letter, call or settlement offer assigning you part of the blame does not necessarily mean that percentage is correct. Before accepting the insurer's determination, consider taking the following steps:
Ask how the insurer reached its decision- Understanding which evidence the adjuster relied on can help identify factual disagreements.
Request the reasoning behind the percentage- A claim that you were partly responsible should be supported by facts rather than an arbitrary number.
Preserve accident evidence- Keep photographs, videos, repair estimates, medical records and communications relating to the collision.
Identify possible video evidence quickly- Dashcams and nearby surveillance systems may contain evidence that disappears if recordings are overwritten.
Avoid guessing about the accident- Stick to facts you actually remember when discussing how the collision happened.
Document your damages- Keep accurate documentation of medical expenses, lost income and other losses important.
Consider having the claim evaluated by a personal injury attorney- An attorney can review the evidence, investigate disputed liability and evaluate whether the insurer's proposed allocation of fault is supported by the circumstances.
Can a Lawyer Dispute an Insurance Company's Comparative Fault Decision?
A personal injury attorney can investigate whether the evidence supports the percentage of fault asserted by the insurer. Depending on the accident, this may involve reviewing the collision report, requesting surveillance footage, examining photographs, evaluating vehicle damage or working with qualified experts when accident reconstruction is necessary.
However, a lawyer may also challenge assumptions made by an adjuster and ask them to provide evidence to support their claims. The central question of these disputed fault claims is not simply whether you could have acted differently, but it is whether negligent conduct can be attributed to you and, if so, what percentage of responsibility should reasonably be assigned to it.
The Insurance Company Says You Were Partly at Fault? Speak With Frank Penney Injury Lawyers Today
Being blamed for part of an accident can substantially affect the value of an insurance claim, but an adjuster's initial determination does not necessarily establish your legal percentage of fault.
While California's pure comparative negligence system allows damages to be divided according to responsibility, it can also be used by insurance companies to minimize the payout they have to give to the injured party.
At Frank Penney Injury Lawyers, our firm understands how impactful car accident claims can be and are committed to fight for your rights and negotiate with the insurance company to get you the compensation you deserve.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.