FAQ

Can I still recover compensation if the accident was partly my fault?

Short Answer

Quick guidance

Yes. California follows comparative negligence: being partially at fault reduces your recovery by your percentage of fault, but it does not eliminate your claim.

Full Answer

Yes. California follows pure comparative negligence: your recovery is reduced by your percentage of fault, but it is never eliminated. If your damages are $100,000 and you were 30% at fault, you can still recover $70,000.

Be careful: insurance adjusters know this rule and routinely try to inflate your share of fault to shrink what they pay. How fault gets assigned depends on evidence, photos, witnesses, reports, which is why documentation and early legal guidance directly affect your outcome.

Last reviewed: 2026-06-12

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