10/16/2026
Being partially to blame doesn't mean you walk away with nothing. ⚖
Insurance adjusters love telling crash victims, "You were speeding, so we aren't paying." They use small mistakes to convince you that your rights are completely gone.
However, under comparative negligence laws, carrying partial responsibility does not automatically disqualify you from recovering financial compensation. In most states, your settlement is simply reduced by your percentage of fault.
How comparative fault works in practice:
The Math: If a negligent driver turns in front of you while you were traveling 5 mph over the limit, a jury might determine you were 10% at fault. If your total losses are $100,000, you are still legally entitled to collect $90,000.
The Threshold: Depending on state laws, you can typically recover compensation as long as your share of fault remains below the threshold limit (usually less than 50% or 51%).
The Insurer's Strategy: Insurance companies deliberately exaggerate your share of blame so they can cross that fault threshold and pay you $0.
Don't let an adjuster decide how much fault you share:
1️⃣ Avoid admitting fault at the scene or in recorded phone interviews.
2️⃣ Preserve physical evidence and vehicle data that shows the other driver's primary breach of duty.
3️⃣ Work with an experienced advocate who knows how to refute inflated fault allegations.
Were you told you don't have a case because of partial fault? Visit www.cotter-law.com for a free case evaluation with our team.