Can I Still File a Claim If I Was Partially at Fault in a Car Crash?

Can I Still File a Claim If I Was Partially at Fault in a Car Crash?

• September 22, 2025
• Categories: Car Accidents

After a car crash, the moments replay in your head. The screech, the impact, the confusion. And then questions. Should I have done something differently? Was this accident partly my fault?

That kind of self-doubt is common, especially when the accident was sudden or chaotic. If you suffered injuries in the crash, those questions can turn into worry. Some people hesitate to reach out for help because they assume any fault on their part means they can’t file a claim.

Maybe you were speeding slightly, or you looked away just before impact. Whatever the case, you may still have a legal path forward. California’s pure comparative negligence law gives you the right to file a personal injury claim for compensation even if you were partly at fault.

Let’s look at how fault is assessed, how compensation works when more than one driver is involved, and how you can protect yourself after a collision, even if you’re unsure about the details.

Key Takeaways

• Being partly at fault in a car accident does not prevent you from filing a claim in California.
• California’s pure comparative negligence system allows you to recover partial compensation, no matter your level of fault.
• Insurance companies often over-assign fault to you to reduce what they have to pay.
• Multi-car accidents can involve shared fault among several drivers, and compensation can come from multiple sources.
• Early evidence collection, medical treatment, and legal guidance strengthen your claim, even if you share responsibility.
• The value of your claim may be reduced, but a lawyer can fight to limit that reduction.
• Filing a claim helps protect your health, your finances, and your future.
• A California personal injury attorney can push back against unfair blame and help you pursue full and fair compensation.

How California Handles Shared Fault After a Crash

California follows one of the most claimant-friendly legal rules in the country: pure comparative fault. This rule means that your ability to recover compensation doesn’t disappear just because you made a mistake.

Each driver involved in a crash may be assigned a percentage of fault. You may still have a path to compensation, even if you’re found to have contributed to the accident in some way. The more fault you’re assigned, the more your recovery may be reduced. However, if another party played a meaningful role in the crash, you may still be able to pursue a claim worth fighting for.

Who Decides Fault in a Car Accident Claim?

Fault for a motor vehicle accident is determined through evidence, testimony, and sometimes negotiation. The parties that normally determine each party’s share of fault are:

Insurance adjusters

When you file a claim, the insurance companies involved will conduct their own investigations. They’ll review statements, inspect vehicle damage, and try to assign percentages of fault. These assessments are often aimed at limiting payouts, so their conclusions may not reflect the full picture.

Police reports

If law enforcement responded to the scene, their report can carry weight. It may include driver statements, diagrams, citations, or opinions on who caused the crash. However, these reports are not legally binding and may not include all the facts.

Civil courts

If your case goes to trial, a judge or jury will ultimately decide how fault is divided after reviewing the evidence presented by both sides.

Your attorney

While lawyers don’t make the final call on fault, they may play a leading role in how much fault falls on you. A skilled car accident attorney gathers evidence, brings in expert witnesses, challenges biased insurance findings, and presents your side clearly. Their involvement can significantly shift the outcome when fault is shared.

Documentation and evidence can make all the difference in how much, if any, blame falls on you. Photos, medical records, eyewitness accounts, and expert opinions can help ensure that fault is assigned reasonably and that your recovery reflects the facts, not assumptions.

Common Accidents in Which Both Drivers Share Fault

Not all accidents are cut-and-dry. Many involve decisions made by both drivers that contribute to what happened.

Left-turn collisions

These are classic examples of shared fault. While the driver turning left is usually at fault, they may not be 100% responsible if the oncoming car was speeding or ran a red light.

Rear-end crashes

People often assume the rear driver is always at fault. But if the lead car braked suddenly without cause, didn’t have working brake lights, or was reversing, the fault for the accident might be shared.

Intersection accidents

If both cars entered the intersection at the same time and the signals were unclear or not functioning, liability might be split between the drivers.

Lane changes and merges

These crashes can involve both drivers making moves at the same time or failing to check blind spots. Establishing fault often requires detailed analysis of timing, signaling, and positioning.

These examples show how shared responsibility plays out in real life and why it’s still worth exploring a claim, even if you believe you contributed to the accident.

Why You Should Still File a Claim Even If You Were Partly at Fault

Many people walk away from legitimate claims because they assume being partially responsible disqualifies them. That’s a costly mistake. Rolling through a stop sign or glancing at your phone for a second doesn’t carry the same weight as someone blowing through a red light or driving under the influence. Your minor mistake shouldn’t eclipse a more serious violation by the other driver. The law recognizes that difference, and your claim should, too.

Medical bills pile up fast

Even if you may share some of the blame, that does not cancel out what you are dealing with. The cost of medical care, physical therapy, and time away from work can put serious pressure on your finances. Filing a claim gives you a way to seek compensation and reduce that burden.

Insurance won’t always treat you fairly

Letting the insurance company decide fault without legal guidance can lead to underpayment or denial. Filing a claim allows you to challenge their findings and seek a fairer result.

You have a legal right to partial recovery

California’s pure comparative fault rule allows you to seek compensation even if you share a significant portion of the blame. Your recovery is reduced based on your share of fault, but if the other driver made a serious error that contributed to the crash, their portion of responsibility can still support a valid claim.

By exercising your right to file, you create a chance to hold the other party accountable and protect yourself from being left with the full financial burden.

Building a Strong Claim When You’re Partly at Fault

If you know, or think it’s possible, you contributed to the crash, you might feel hesitant to move forward with a claim. But that hesitation can cost you. The key is to focus on what you can do right now to strengthen your case.

A solid personal injury claim isn’t just about proving the other party was more at fault. It’s also about proving your injuries, documenting your losses, and showing that your version of events is supported by credible evidence.

Gather evidence early

Photos of the crash scene, vehicle damage, road conditions, and your injuries can provide strong evidence. If possible, try to get contact information for witnesses, as their testimony can help clarify what actually happened.

However, if you couldn’t secure any of this evidence, don’t worry. An experienced California car accident lawyer can work on securing it.

Don’t rely only on the police report

Official accident reports carry weight,  but they aren’t always perfect. Officers may miss key details or make assumptions based on limited information. Your lawyer can challenge inaccurate conclusions if better evidence supports your side.

Seek immediate medical treatment

Delays in treatment can hurt your claim. Get evaluated right away, follow your care plan, and keep all records. Medical documentation is one of the most important tools for proving the severity of your injuries.

These steps help show that you took your injuries seriously and are acting in good faith, both of which build trust and credibility when negotiating a settlement or presenting your case.

What If There Were Multiple Drivers Involved?

In some crashes, more than two vehicles are involved. That can make things even more complicated, especially when it comes to figuring out who was at fault.

Fault can be divided among several drivers

California’s comparative fault system isn’t limited to two parties. Each driver involved can be assigned a percentage of fault, depending on their actions.

For example, one car may have rear-ended you, but another may have caused the chain reaction by braking suddenly or cutting off traffic. In these cases, multiple parties and their insurance providers may share liability.

Your compensation may come from more than one source

If more than one party contributed to your injuries, your lawyer can pursue compensation from each one. Doing so helps ensure that no single insurance company unfairly gets to shift the entire blame.

When liability is spread across several parties, having a skilled advocate who can identify each potentially responsible party is critical. That’s often the difference between a lowball offer and a meaningful recovery.

Dealing With Insurance Companies After a Shared Fault Crash

Once you file a claim, expect the insurance companies involved to look closely at who did what. Their goal is to reduce their own financial responsibility, and that often means placing more of the blame on you.

Be cautious about what you say

Statements you make to adjusters, even informal ones, can be twisted to make it seem like you admitted fault. You’re not required to give a detailed account right away, and it’s often better not to.

Don’t accept the first offer

Initial settlement offers tend to be low, especially in cases where fault is being debated. Insurance companies hope you’ll accept a fast check before you realize how much your claim is truly worth or before you have time to talk to a lawyer.

Let your attorney do the talking

An experienced personal injury attorney knows how to push back when insurers assign too much blame to you. They can review the evidence, dispute unfair findings, and present a stronger version of events on your behalf.

Without legal help, you risk losing out on significant compensation even if the accident wasn’t mostly your fault. The right legal team can level the playing field so you and your claim aren’t at a disadvantage from the start.

When Filing a Claim Makes Sense

Some people decide not to file a claim because they feel embarrassed or guilty about their role in the crash. But this thinking can lead to serious financial strain—especially when injuries are involved.

Your injuries still matter

Even if you weren’t perfect behind the wheel, that doesn’t make your pain any less real. You still have medical needs, time missed from work, and emotional trauma to deal with.

The other party may have greater fault

It’s common for people to assume more blame than they actually carry. Until all the facts are analyzed, it’s impossible to know who was truly more responsible. A strong investigation may reveal that your role was smaller than you thought.

You have a legal right to compensation

California law supports your right to recover partial damages. Filing a claim allows you to enforce that right and ensure that your injuries don’t leave you carrying the full financial burden.

If you were hurt, filing a claim is not about revenge or pointing fingers. It’s about protecting your future.

FAQs: Filing a Car Accident Claim When You’re Partly at Fault

What if I’m more than 50% responsible for the crash?

You can still file a claim. Unlike most other states, California’s pure comparative fault law doesn’t set a limit that disqualifies your claim. Even if you were more than halfway responsible, you may still be eligible to recover compensation, though the amount could be reduced. That’s why having a lawyer advocate for a fair fault percentage is so important.

Will my insurance rates go up if I file a claim while partially at fault?

It’s possible, but it depends on your insurer’s policies and the outcome of the investigation. That said, if your injuries are serious, the cost of not filing could be much higher than the impact on your rates.

What’s the deadline to file a personal injury claim in California?

In most cases, you have two years from the date of the accident to file a lawsuit under California’s statute of limitations for personal injuries. However, there are some exceptions that could affect the timeline of your case, so speak with a lawyer quickly to preserve your rights.

What if the insurance company says I’m at fault, but I disagree?

You don’t have to accept their decision. A lawyer can help you challenge their findings by submitting new evidence, consulting accident reconstruction experts, and negotiating for a more accurate fault determination.

Take Control of Your California Car Accident Claim with Neale & Fhima

If you’re unsure whether your actions during the crash affect your ability to file a claim, talk to a lawyer who knows how to handle complicated shared-fault cases. At Neale & Fhima Accident, Injury, and Lemon Law Lawyers, we’ve helped car accident victims throughout California obtain full and fair compensation with a 99% success rate and scores of client testimonials.

Our experienced lawyers know how California’s shared fault rules work, and we know how to make them work for you. Don’t spend another day living with uncertainty or letting self-doubt or guilt block your path to justice. Call (888) 407-2955 or contact us online today to schedule a free consultation.