Can I File an Injury Claim If a Car Accident Was My Fault?

If you’ve been in a car crash and were partially at fault, you may still have a claim for damages. It will depend on the facts of your case, where you live, and what the police report says.

It’s not common for one person to be 100% responsible for an auto accident involving multiple drivers. Even if the other driver hits your vehicle, there’s a possibility you might be found partially at fault. They may claim your taillights were out, and that’s why they rear-ended you. Can you still file a personal injury claim if you’re deemed partly at fault for the crash?

This article will address this question by explaining how the comparative fault rule works. It’ll also discuss the impact this can have on your insurance claim and what kind of coverage you can expect if you get hurt in a car accident.

If you’ve recently been in a motor vehicle accident, consider speaking with a personal injury lawyer. Your attorney will review your case and explain whether you have a valid claim.

Insurance Claims in No-Fault States

With no-fault auto insurance, each accident victim’s policy covers damages they suffer in a car accident. Each driver, including the at-fault driver, must file a claim with their own insurance company in states with a no-fault liability system. If their policy doesn’t cover their damages, they can also sue the other driver or file a claim with their insurance company to get compensation for their injuries.

After a car accident, you can expect your insurance carrier to cover some (or all) of the following:

• Medical bills
• Future medical expenses
• Property damage
• Pain and suffering
• Lost income
• Other out-of-pocket expenses

If your insurance policy doesn’t cover your losses, you can file a claim with the other driver’s insurance company. If the insurance adjuster denies your claim, you can sue the driver personally.

Most states don’t allow you to sue the auto insurance company directly. You must sue the at-fault driver instead. However, if you do sue the other driver, the insurance company must defend them in court.

States With No-Fault Liability Laws

Most states have a fault-based insurance system. In an at-fault state, accident victims file a claim against the at-fault driver’s insurance company. If the insurance carrier doesn’t cover their losses, they can sue the other driver.

Roughly a dozen states have no-fault laws regarding motor vehicle accidents. These states include:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

Kentucky, New Jersey, and Pennsylvania also allow motorists to purchase no-fault or standard liability insurance.

In no-fault liability states, motorists can purchase a no-fault insurance policy. This policy covers medical costs, physical therapy, lost wages, and other expenses related to injuries you sustain in an accident. The insurance company covers these losses regardless of who was at fault. No-fault coverage is also called personal injury protection (PIP).

No-fault insurance doesn’t cover vehicle damage. Drivers must buy collision coverage to pay for their own property damage or self-inflicted damage to their vehicle. Liability insurance, required in almost every state, covers damage to the other driver’s car or SUV.

No-fault coverage limits depend on the terms of your policy. You will find your policy limits listed on your policy’s declaration page. As with almost all insurance policies, you must pay your deductible before coverage kicks in.

PIP Coverage and At-Fault States

Even though PIP insurance coverage is mandatory in no-fault states, drivers in most other states can carry this coverage voluntarily. For example, PIP coverage is available in California, Illinois, North Carolina, and Texas. FindLaw’s Legal Minimum Car Insurance Coverage by State can show the auto insurance requirements in your jurisdiction.

PIP covers expenses related to bodily injuries you sustain in a car accident. It also covers other costs, such as:

• Lost wages
• Long-term physical rehabilitation
• Acupuncture
• Transportation to medical appointments
• Funeral benefits

State laws limit what PIP must cover.

Medical Payment Coverage

Another type of coverage that doesn’t consider fault is medical payments coverage. This insurance covers medical payments for you and your passengers.

Some expenses you can expect your medical payment coverage to pay include:

• Hospital bills
• Doctor visits and co-pays
• Prescription medications
• Ambulance rides
• Physical therapy
• Rehabilitation
• Durable medical equipment

Medical payments coverage doesn’t cover other expenses that PIP covers, such as lost income and funeral expenses in wrongful death cases.

How To Prove Fault in a Car Accident Claim

If the insurance company doesn’t resolve your car accident claim, you can sue the at-fault driver. When you file your complaint, you must include a demand for damages. You must also prove that the other driver caused the auto accident.

In most car accident cases, you must demonstrate that the other driver was negligent. While negligence laws vary by state, at a minimum, you must prove the following four things:

• The other driver owed you a duty of care
• They breached this duty
• You suffered an injury
• The car accident caused your injuries

If your car accident attorney proves these elements, you should be able to recover damages. The stronger your evidence, the better your odds of settling your car accident case with the insurance company.

In straightforward car accident claims, it can be relatively easy to prove fault. Not many instances will be simple, so it’s important to know what to do if there’s shared fault for the accident.

What if Both Drivers Are at Fault?

Rarely is one party 100% responsible for a motor vehicle accident involving at least two drivers. In most car accident claims, both drivers are partially liable. Does this mean you can’t sue if you were partly at fault? Not necessarily.

Most states follow a modified comparative negligence rule. This rule states that a plaintiff can sue for damages even if they were partially at fault. The judge will reduce your damages by your percentage of fault.

Imagine that a motorist is texting and driving and hits you from behind. You sue them in civil court. The other driver’s attorney argues that you’re at fault in your car accident case. They claim that your brake lights weren’t working, and that is why the defendant hit you.

Even if they can prove this, you may still walk away with compensation. The judge may find that you were 20% responsible for your serious injuries. If this is the case, the judge will reduce your damages by 20%. If you initially sued for $100,000, your damages would decrease by $20,000.

Even in states following the comparative fault rule, you must be less than 51% at fault. A handful of states let you collect damages even if you’re 99% at fault, but they are few and far between.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, you should speak with an experienced car accident attorney to confirm your state laws.

Ask an Attorney About Your Injury Claim

If you’re in a car accident and suffer serious bodily injuries, you have the right to pursue compensation. Ideally, the insurance company will pay your total claim. If they don’t, you may need to sue the other driver. This is especially true if the other driver claims you were at fault.

It’s best to consult a car accident lawyer as soon as possible after the crash. They’ll negotiate with the insurance companies to reach a fair settlement. They’ll also help you sue the other driver if necessary.

Most law firms offer new clients a free case evaluation. This allows you to sit down with a seasoned personal injury attorney and discuss your options without it costing you a dime. Visit FindLaw.com’s car accident attorney directory to get the phone number of a lawyer near you.