Can I still file a claim if I was partially at fault for the accident?

Insurance companies determine fault in a car accident based on the legal concept of negligence. Negligence refers to the failure to exercise reasonable care resulting in harm to another person.

Sometimes, car accidents involve more than one at-fault driver. When you’re partially at fault, it’s critical to have a knowledgeable Philadelphia Personal Injury Lawyer by your side. Pennsylvania is a no-fault state, which means that regardless of who causes the accident, you can file a claim with your insurance provider to cover your losses. The personal injury protection (PIP) plan in Pennsylvania provides compensation for medical expenses, lost wages, and death benefits. 

Can I File A Car Accident Claim Even If I Am Partly To Blame For An Accident?

Yes. Pennsylvania is a “modified comparative fault” state.

Under the modified comparative fault rule, your total recovery will be reduced by the percentage you are considered to have contributed to the occurrence of the accident. For example, if your total recovery is $2,000,000 and your actions or inactions contributed twenty-five percent to the accident, then your recovery is $1,500,000. 

The 51% Bar Rule.

The modified comparative fault rule will only apply if you are less than fifty-one percent at fault for the accident. If you are responsible for fifty-one percent or more of the fault, you won’t be able to recover any damages. 

Significance Of Evidence

To protect your interests when you are partially at fault for an accident, it is essential to gather and compile evidence. Evidence may include photographs of the accident scene, witness and driver statements, police reports, traffic law violations, statements from drivers and witnesses, vehicle damage, and any other information that could help establish the actual sequence of events leading to the crash. This evidence can be valuable in negotiating with insurance companies or in court, if necessary. 

Settlements

Your Insurance company may offer to settle even if you are partially at fault. However, the settlement amount may not fully cover your damages, especially if your degree of fault is high. This is why it is significant to consult with your attorney before accepting any settlement to ensure that it is fair and covers all your accident-related expenses. 

Litigation

If negotiations with the insurance companies do not reach a favourable outcome, you may need to file a lawsuit. In court, your attorney can present the evidence, and a judge or jury will determine the degree of fault for each party.

Any percentage of fault that the Court or jury assigns to you will reduce the compensation you can recover.

While sharing fault may complicate the process, consulting with a qualified attorney can help you navigate the legal system and achieve a favourable outcome. 

Lawyers Delivering Exceptional Results For Philadelphia Car Accident Victims

Not all lawyers are capable of handling complicated car accident cases.

At The Law Offices of Greg Prosmushkin, P.C. Our lawyers have experience in tackling even the most complicated accident cases for our clients. Auto accident lawyers at our Philadelphia personal injury law firm have experience dealing with all types of car accidents. From fender benders to multi-car collisions, we’ve helped our clients recover adequate compensation. If you or a family member was partially responsible for an accident in Philadelphia, contact an experienced auto accident lawyer at our law firm to discuss your case. 

Important Considerations

• State Laws: Understand the specific fault laws of your state. This will help you set realistic expectations about the outcome of your claim.
• Insurance Policies: Review your own insurance policy to see if you have coverage, such as collision or personal injury protection (PIP), which can help cover your expenses regardless of fault.
• Legal Advice: Consult with a personal injury attorney who can provide guidance based on the specifics of your case and your state’s laws. An attorney can help maximize your chances of receiving fair compensation.

Conclusion

Even if you were partially at fault for an accident, you can still file a claim and potentially recover damages. The key is understanding how your state’s comparative or contributory fault laws will impact your claim. By taking the appropriate steps and seeking legal advice if necessary, you can navigate the claims process and work towards obtaining the compensation you deserve.

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