What if I was partly at fault in an accident?
Many people assume that if they share any blame, they have no case. That is often not true. California uses a comparative fault framework in many injury cases. In plain terms, your share of fault can reduce the value of the claim rather than automatically preventing recovery.
How insurers use comparative fault
Insurers commonly try to increase your share of fault because it reduces what they may have to pay. Common tactics include:
- Claiming you were distracted or not paying attention
- Arguing you should have avoided the hazard
- Minimizing the other party’s conduct
- Mischaracterizing what you said in early statements
What evidence matters most
- Photos and video from the scene
- Witness contact information and statements
- Police reports and incident reports
- Vehicle damage evidence
- Medical records that connect symptoms to the incident
Why trial readiness matters here
Comparative fault disputes are often resolved by evidence and credibility. A trial-ready approach forces the focus back to proof.
Call to action
If the insurer is blaming you, call 760-469-9110.