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Filing A Claim When You Share Some Fault [Complete Guide]

By  Dan McCrary | April 14, 2024

Did you know? Car crashes are one of the most important issues in America. More than 19,000 crashes happen daily, meaning more than 6.7 million accidents yearly. The statistics are undoubtedly saddening.

What’s more worrying is that sometimes victims don’t receive the rightful compensation for the damage. Most of the time, this happens due to a misconception that a claim isn’t possible if you’re also at fault in the accident. Thankfully, that’s not the reality!

Today, we’ll explain that you can still file a claim if you share some fault in the accident. How is it possible, and what do you need to consider when filing the claim? Let’s find out the answers to all these questions!

Can You File A Claim If You Share Some Fault In An Accident?

Yes, it’s possible to file a claim if you share some fault in an accident. Just remember, the compensation won’t be high, and in some states, your eligibility to file a claim depends on the percentage of responsibility you bear for the accident.

Another crucial consideration is whether your state follows no-fault or at-fault laws. In an at-fault state, you can seek compensation from the driver at fault in the accident. The situation will be completely different in a no-fault state.

In a no-fault state, all drivers involved in an accident must turn to their insurance providers for financial assistance instead of filing a claim. So, if you live in a no-fault state, you can’t file a claim, whether you’re the victim or partially at fault.

In contrast, residents of at-fault states can file a claim if they share some fault in an accident and get the rightful compensation. To understand the eligibility for a claim, you must know the types of shared accident faults.

Types of Shared Faults In Car Accidents

There are different types of shared faults in a car accident. In some cases, you’ll be eligible to ask for compensation, while in some cases, your involvement in causing injury can hinder your ability to file a claim.

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1. Comparative Negligence

Comparative negligence law means assigning a specific percentage of fault to each driver involved in the accident. For example, one driver can be found to be 70% guilty, and the other can be 30% at fault in a car accident.

After assigning the percentage of the fault in an accident case, both drivers will get the compensation accordingly. The driver who’s at fault will get 30%, and the other will get 70% of the damage.

2. Contributory Negligence

Contributory negligence accident law is the complete opposite of comparative negligence. This means that if someone is involved in causing the accident, even if it’s 10% fault, the plaintiff won’t be eligible to file the claim.

This law is enforced in only four states: Alabama, Virginia, Maryland, North Carolina, and the District of Columbia. In other states, individuals can still pursue claims even if they bear partial responsibility for the accident.

3. Modified Comparative Negligence

Modified Comparative negligence is similar to comparative negligence law but has few key distinctions. Under this law, individuals involved in an accident can file a claim, but only if their fault doesn’t exceed a specific threshold, such as 50%.

For instance, if you share only 30% of the fault in the accident, you remain eligible to seek compensation. However, exceeding the 50% fault can easily disqualify you from receiving compensation.

How Is An Accident Fault Determined?

The insurance company determines the fault. Once the claim is filed, the insurer reviews all available evidence, including CCTV footage, police reports, witness statements, driver’s testimonies, and accident scene photographs.

After thoroughly evaluating the evidence, the insurer decides who is at fault and to what extent. If you disagree with the insurer’s decision, hire a car accident lawyer to negotiate with the provider on your behalf.

Final Words

The simple answer is yes; you can file a claim if you share some share in the accident. However, a few things to consider, like whether your state is at fault or no fault. If it’s an at-fault state, you can easily file the claim even if you share some fault.

The claim is only not possible if your state follows no-fault laws or contributory negligence laws. This is why it’s important to do brief research about your state laws or consult the case with an experienced lawyer before proceeding with the claim.

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    McCrary Accident Injury Law Firm specializes in personal injury litigation. Its founder, Dan McCrary, Esq., spent 14 years working for the insurance companies before switching sides to represent personal injury victims in Rocklin as an attorney.

    Dan McCrary’s years of experience on the defense side taught him exactly how to obtain maximum recovery for his injured clients. If you have been injured in an accident you should contact the Accident & Injury Lawyers, Personal injury Attorney, Car accident lawyers at McCrary Accident Injury Law Firm in Rocklin, folsom, Sacramento to get the money you deserve, and overcome the tactics routinely employed by the insurance companies.