Can I Still Get Compensation If I Was Partially At-Fault in an Accident?

Car accidents are terrifying and traumatic. Unfortunately, the distress doesn’t always end after the accident, even when you’re recovering from your injuries. In fault-based accident states like Washington, an injury victim seeking compensation for their damages must file a claim against the at-fault party’s insurance, and then the insurer investigates.

But what happens when an insurance adjuster finds that you were partly responsible for the crash? Can you still get compensation? A car accident lawyer in Kent can explain your rights under the state’s pure comparative negligence law.

What Is Pure Comparative Negligence in Washington Car Accident Claims?

Under Washington Chapter 4.22 RCW, the law states the following:

“In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages …”

In other words, when an insurance company finds you partly responsible for a car accident in Washington, you can still recover a portion of your damages, but the insurer subtracts your assigned percentage of fault from the payout on your claim.

An experienced car accident attorney can help you understand how Washington’s pure comparative negligence law applies to your specific situation.

Understanding How Fault Affects Your Car Accident Compensation

After an accident, the involved insurance companies assign adjusters to investigate the accident. They assign each involved driver a percentage of fault to equal 100%. In some cases, one party is clearly 100% at fault, and the other is 0% responsible. But consider the following example:

If a driver doesn’t follow the state’s traffic signal law and fails to slow down and prepare to stop during a yellow light, and then passes through the light as it turns red and hits a car in the intersection, causing a T-bone accident, it would seem that the driver who ran the red light is completely at fault.

But what if the insurance adjuster finds that the driver of the car in the intersection was exceeding the speed limit by five miles per hour? They could reasonably argue that had the driver adhered to the speed limit, they would not have been in the intersection and could have avoided the crash.

In this example, the insurance company could assign the driver who ran the red light 75% fault and the speeding driver 25% fault. If the speeding driver’s injury damages total $100,000, the insurance company will deduct 25% and pay them $75,000.

What If the Insurance Company Assigns Me an Undue Percentage of Fault?

While the pure comparative negligence system is an advantage for Washington car accident victims who are truly partially at fault for the accident because they can still recover a portion of their damages, this law also provides a strong financial incentive for an insurance company to assign an unwarranted percentage of fault to an injury victim so they can protect their bottom line.

They may also use this tactic in wrongful death claims by the decedent’s representative, when the deceased car accident victim cannot defend themselves. For these reasons, it’s crucial to hire an experienced Kent car accident attorney or wrongful death attorney to conduct an independent investigation.

In many cases, a car accident lawyer finds evidence to rebut the insurance company’s assignment of fault and then assertively argues for the full compensation available to their client.

If you believe the insurance company has assigned you unfair fault, contact Caffee Accident & Injury Lawyers at (206) 312-0954 for a free consultation with an experienced Kent car accident attorney.