In California, you may still recover compensation even if you made a small mistake in a crash. The state’s comparative fault system lets you claim damages despite partial blame. But insurers may reduce your payout based on fault percentages – affecting what you receive for medical care, repairs or lost income when your family needs support most.
What it means to share fault in a crash
California follows a pure comparative negligence system, established by the state Supreme Court in Li v. Yellow Cab Co. (1975). Fault is divided by percentage. Even if another driver caused most of the crash, you may still be assigned partial blame and still recover a portion of your damages. For example:
- 20% fault means you recover 80% of your losses
- 50% fault means you recover 50% of your losses
- 99% fault means you recover 1% of your losses
This system weighs every detail and adjusts financial responsibility based on each party’s share of fault.
How insurers use fault to limit what they pay
Comparative fault helps you recover damages even if you share some blame. But insurance companies may use it to reduce their costs. After a crash, adjusters often:
- Review police reports and witness statements
- Use your words or actions to shift blame
- Apply fault percentages to lower your payout
Insurers aren’t neutral. Their goal is to protect their bottom line – and that can mean undervaluing your claim, or delaying payment to pressure you into settling for less.
Examples of shared fault
Fault isn’t always clear-cut. In many crashes, responsibility is split between drivers. Here are a few examples:
- A speeding driver hit by someone who ran a red light
- A parent struck by another car while distracted by a crying child in the back seat
- A commuter rear-ended while driving with a broken brake light
These situations show how fault can be split – even when the other driver’s actions caused the crash. That split can directly affect how much compensation is available.
Don’t let fault percentages shrink your claim
Proving fault and dealing with insurance companies isn’t simple. They may use fault percentages to reduce what you’re owed. You deserve to protect your rights and your recovery, not settle for less.
If you believe your insurance is paying you unfairly, contact us today to speak directly with an attorney who’s here to help.
