Can You File a Claim If You Were Partially At Fault for a Car Accident?

If you were found partially at fault for a car accident, you may assume that you have no right to seek compensation from the other driver. In reality, Washington allows for some flexibility in this respect. You still have the right to recover compensation if you share fault with other drivers, but your potential payout will be reduced. 

Learn more about your options for filing a claim if you were partially at fault for a car accident. 

How Washington Handles Shared Fault in Car Accidents

Washington follows a pure comparative negligence statute for car accidents. Under this stipulation, all parties involved in an accident may be partially at fault. 

As long as you were not 100% responsible for the accident, you have the right to pursue a claim against the other driver. However, your compensation award will be reduced by your percentage of fault. 

For instance, if you were 40% responsible for the accident, you would be able to seek 60% of your damages from the other driver. If you were 90% responsible, you would have the right to seek 10% of your damages. You would essentially pay for the percentage of the damages you were responsible for, while the other driver would pay for the ones they were responsible for. 

This policy is distinct from the modified comparative negligence policy many states follow, which bars accident victims from pursuing compensation if they are more than 49% or 50% responsible (depending on the state). It is also different from contributory negligence, which prevents someone from pursuing a claim if they were even 1% responsible. 

By contrast, Washington’s pure comparative negligence policy is relatively generous. However, it may also lead more insurers to split blame between all parties involved in an accident rather than deducing who was truly at fault. 

What Damages Can You Recover If You Were Partially At Fault?

If you were found partially at fault for a car accident, understanding your legal compensation rights under Washington’s state laws can give you peace of mind. You still have the opportunity to file a car accident claim through the other driver’s insurer. You can claim the following damages, depending on their coverage:

• Medical bills
• Time off work
• Property damage

However, the amount of money you can receive from the insurance claim will be reduced by your fault percentage. If your accident is worth $10,000 and you were 30% at fault, for example, you would have the opportunity to recover $7,000 from the other driver. You’d have to seek the remaining $3,000 from your own insurance coverage or pay for it out of pocket. 

Whose Insurance Do You File the Claim Through? 

If you are partially at fault for a car accident, your first step should be contacting your own insurance company. They will reach out to the other driver’s insurer and determine which policy applies to the claim. 

You may file a claim through the other driver’s car accident liability insurance and through your own personal injury protection (PIP) or medical payments insurance. Your insurer likely will not let you file a claim through your own policy until you have exhausted other accident settlement options, as they do not want to pay out a claim they don’t have to. 

Seek Legal Help From Our Car Accident Attorneys

Accidents involving shared liability can be complicated. Can you file a claim if you were partially at fault for an accident in Washington? You usually can as long as you are no more than 99% responsible. 

Our attorneys at Max Meyers Law PLLC provide experienced legal representation to Washington car accident victims. Call us today at 425-970-9300 to request a consultation. 

 

FREQUENTLY ASKED QUESTIONS (FAQ):

Q: Can I file a car accident claim in Washington if I was partially at fault?

A: Yes, under Washington’s pure comparative negligence law, you can still file a claim even if partially at fault. Your compensation will be reduced by your percentage of fault.

Q: How does Washington’s shared fault policy differ from other states?

A: Washington uses pure comparative negligence, unlike modified comparative negligence (bars claims over a certain fault percentage) or contributory negligence (bars claims if any fault).

Q: What types of damages can I recover if partially at fault in a car accident in Washington?

A: You can recover medical bills, lost wages, and property damage, but the amount will be reduced by your percentage of fault in the accident.