Being partly at fault doesn't leave you with nothing
Many people in Victorville assume that if they were partly at fault, they lose any right to recover. In California that's false, and the belief keeps a lot of victims from even asking. The law is more generous than you'd think.
California uses a system called pure comparative negligence, and under it, having part of the responsibility reduces your compensation but doesn't erase it — not even when your share of fault is high.
How pure comparative negligence works
The rule is straightforward: your compensation drops by the same percentage as your share of fault. An example makes it clear.
- Say your damages total $100,000.
- You're found 30% at fault for the crash.
- Your compensation is reduced by that 30%.
- You still recover $70,000.
What your own policy covers when you caused the crash
If you were the at-fault driver, the liability part of your policy pays the others' damages, not yours. But that doesn't leave you stranded; it depends on which coverages you bought.
- Collision coverage pays to repair your own car, minus the deductible.
- Med-Pay coverage pays your medical bills regardless of fault.
- Your health insurance covers treatment, possibly with a lien later.
Why you shouldn't admit fault at the scene
Here's what matters: fault isn't decided by you in the heat of the moment, or by the other driver, or even by the adjuster — it's determined with evidence. Apologizing or saying 'it was my fault' at the scene can be used against you even when the facts tell another story.
Fault is often more shared than it looks: a blocked sign, another driver speeding, a poorly designed High Desert intersection. A lawyer investigates that before accepting the insurer's version.
Let someone review the facts before you give up
Before assuming you have no case because 'it was your fault,' let someone review the facts calmly. The real percentage of responsibility is often lower — or more shared — than the insurer wants you to believe.
Think you were at fault and haven't called because of it? Talk to us at (760) 493-6108. We'll review your case free, before you give up what you're owed.
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