Can I File a Claim if I Was Partly at Fault?
In most states, partial fault reduces your recovery but doesn't eliminate it. In a few states, even 1% of fault can bar the claim entirely. It depends on where the incident happened.
Short answer
Usually yes, but with a reduction. Most states use some form of comparative fault, which reduces the recovery by the injured person's share of fault. A handful of states use contributory negligence, which bars recovery entirely if the injured person was even 1% at fault.
How the reduction works
If damages are $100,000 and the injured person is found 25% at fault, they recover $75,000 in most states. In a 'modified' comparative-fault state with a 50% or 51% bar, the claim is only reduced if the injured person's fault stays below that threshold. Over the threshold, the claim is gone.
Why this matters for settlement
Insurers routinely argue for some share of fault on the injured person, because every percentage point directly reduces the payout. Evidence that cuts against those arguments — witness statements, video, cell phone records — directly protects the claim's value.
Key Takeaways
- 01Most states allow partial recovery reduced by fault.
- 02A few contributory-negligence states bar the claim entirely at 1% fault.
- 03Modified comparative-fault states bar recovery over 50% or 51% fault.
- 04Evidence that counters the other side's fault argument directly protects claim value.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.