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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