Can I still file a claim if the accident was partly my fault?

Emery Brett Ledger

Emery Brett Ledger's Answer

Personal Injury Lawlos angeles, USA28 years experience

Full Transcript

Below is an AI-generated transcript of the video answer.

Can I still file a claim if the accident was partly my fault? Yes, in many cases you still

can. Just because you may have been partly at fault does not mean you automatically lose your

right to make a claim. In a lot of states the law allows an injured person to recover damages even

when they share some of the blame. What usually happens is that the value of the claim gets

reduced based on that percentage of fault. So, for example, if you were found 20% at fault your

recovery may be reduced by 20%. That is very different from having no case at all. This is

where people get tripped up. They assume partial fault means they should not pursue the claim,

and the insurance company is usually more than happy to let them believe that. But fault is

often disputed, and the first version of the story is not always the right one. The bottom

line is this. If you were hurt, do not assume you are out of options just because you may have

been partly responsible. Have the case reviewed, look at the evidence, and find out what the law

in your state actually allows. You may still have a strong claim.