LawCan I File A Claim If The Accident Was Partially My Fault?

Can I File A Claim If The Accident Was Partially My Fault?

Car accidents occur very frequently, and they do involve the fault of two parties. Although a lot of times, the fault is of one party, usually, it is observed that two parties share the fault.

Now, one of the most common questions that pops into mind is, what if a party is at fault just a little bit, will they be allowed to file a claim?

Now, if it is looked at by an example, imagine there is a car waiting at the red light, and a car comes over behind, over speeding, and hits the car standing. It is very easily assumed that the driver’s over speeding was at fault, but it should be known that the other driver should have been vigilant enough to take action to avoid the incident.

A partial fault in a road accident refers to situations where there are different levels of responsibility for accidents between two or more parties. Let’s understand more.

Common Misconceptions Regarding Fault

A lot of people who look at accidents from hindsight think that it is always about one party being at fault. It is usually thought there is always a bad boy who must be blamed for the destruction he has caused.

Now, if we come back to reality, accidents do occur due to a lot of factors and not just as a result of one person’s fault.

  • Poor weather is something that can contribute to a lot of accidents, and in such conditions there is no one to blame when it comes to road accidents. A lot of times, it is the visibility that is blurred that causes collisions.
  • Also, it is also observed a lot of times when one driver is overspeeding, and the other one doesn’t take the traffic lights seriously.
  • In some cases, it has been observed that both the drivers involved in the collision were distracted. They might be using cell phones or might be busy listening to music that distracts them from focusing on the road.

A car accident lawyer who has the best skills to help you maneuver through such cases is always there to help. Visit to learn more.

Determining Liability in Partial Fault Cases

Determining the liability in case of accidents where both parties have some fault involved can be tricky. There is a whole process to it. Let’s have a look.

Investigation: Usually, it is an analysis by police officers at the crash site that starts this process. In order to get an initial assessment of what has happened in this accident, officers shall gather evidence, interview witnesses, and carry out vehicle damage estimates.

Police Report: A police report is also very important in finding out the liability in cases of accidents. They include the statements from the witnesses, the statements from the drivers, and any kind of citations that make sense.

Insurance Adjusters Assessment: The accidents are looked at by the insurance adjusters that are sent by the insurance companies. They do their own assessments and make decisions on which party is at fault and how much.

It must be kept in mind that in partial-fault cases, there is always a percentage that is allotted to both the parties that are at fault.

Filing a Claim in Partial Fault Cases

To answer the question of if there can be claims filed when there is partial involvement, the answer is yes.

Although there are some laws and regulations that one needs to follow when it comes to filing a claim, there are two scenarios that are very commonly seen in such conditions.

Comparative Negligence States

In the states where there is comparative negligence followed, you are allowed to file a claim even if you are responsible for the fault to some degree. The compensation, however, can be reduced depending on the fault of the other party.

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Contributory Negligence States

In the states where contributory negligence followed, it is observed that the rules in such states are much stricter compared to comparative negligence.

If it is found out that you were just a little bit involved in the accident and were found guilty, there is no way that you will be asking for compensation. In all of these states, it can be very challenging for the parties to get the right compensation if they have also dealt with damages.

It is always best to consult with the insurance companies and to involve an attorney.


To look at the partially faulty cases, it does look like they are difficult to handle. This is true, as this can get a bit tricky at times. But with correct help, all of these cases can be resolved easily. So, to file a claim is all dependent on the jurisdiction followed in a state.