One of the first questions people ask me after a crash is, “What if it was partly my fault?” They worry that one small mistake means they get nothing.
In California, that’s not how it works. You can still recover money even if you share some of the blame. Your amount just goes down by your share. If you’re found 30% at fault, you keep 70%.
This rule is called “pure comparative fault.” The California Supreme Court adopted it in 1975, in a case called Li v. Yellow Cab Co. Before that, being even a little careless could wipe out your whole claim.
A Simple Example
Picture this. You’re driving home from work, going 5 miles over the limit. Another driver runs a red light and hits you. Your medical bills, lost pay, and pain add up to $100,000.
The other driver caused the crash. But their insurance company may argue that your speed played a small part, say 10%. If that sticks, you’d receive $90,000 instead of $100,000.
Here’s how different fault shares change that same $100,000 claim:
| Your share of fault | What you’d receive |
| 0% | $100,000 |
| 20% | $80,000 |
| 50% | $50,000 |
| 90% | $10,000 |
Even at 90%, you still have a claim for the other driver’s part. Many other states cut you off completely once you reach 50% or 51%.
Who Decides Who’s at Fault
First, the insurance companies argue about it. If the case goes to trial, a jury decides. The percentages for everyone involved have to add up to 100%.
These are the things that usually make the biggest difference:
- Dashcams, doorbell cameras, and store security cameras often show exactly what happened.
- Photos of the cars. Where each car got hit can show who was turning, braking, or speeding.
- A stranger who saw the crash is often trusted more than either driver.
- Traffic laws. If someone broke a traffic law, California law can presume they were careless (Evidence Code § 669).
One thing surprises a lot of people: the police report usually can’t be used at trial. Vehicle Code § 20013 keeps it out. Insurance companies still read it closely, though, so it matters while you negotiate.
What Insurance Companies Often Say
Every percent of blame they put on you saves them money. So expect to hear things like:
- “You were speeding.” Even a few miles over the limit can be used against you.
- “You weren’t wearing your seatbelt.” This can lower the money for injuries a seatbelt would have prevented.
- “You were on your phone.” They may ask for your phone records.
- “You said you didn’t see them.” Something you said at the scene, or on a recorded call with the insurer, can be quoted back to you later.
Most of these come down to proof. Photos, video, and seeing a doctor right away are usually the best answers.
When More Than One Person Is at Fault
Some crashes involve more than one driver. California splits the money into two types, and each follows its own rule under Civil Code § 1431.2, which voters added with Proposition 51:
- Bills and lost pay (economic damages). Any driver who was at fault can be made to pay the full amount.
- Pain and suffering (non-economic damages). Each driver pays only their own share.
This matters when one driver has little or no insurance. Say Driver A is 75% at fault and uninsured, and Driver B is 25% at fault. You can still collect all of your medical bills and lost pay from Driver B. For pain and suffering, though, Driver B only owes 25%.
Sharing the Blame Doesn’t Give You More Time
Shared fault changes how much you get, not how long you have. In California, most injury lawsuits must be filed within two years of the injury, under Code of Civil Procedure § 335.1.
If a city bus, a county vehicle, or another government agency was involved, the clock is much shorter. You usually have just six months to file a written claim (Government Code § 911.2).
The First Fault Number Isn’t Final
When an insurer says you were 40% at fault, that’s their opening position, not the final answer. On a $100,000 claim, moving that number down to 20% is a $20,000 difference.
At our Burbank personal injury law firm, the Law Offices of Adrianos Facchetti, we handle fault disputes in car, motorcycle, and pedestrian cases. The advice I give everyone is the same: save the video, take photos, and get witness names before they’re gone.
About the Author
Adrianos Facchetti is a California personal injury attorney (State Bar #243213). He founded the Law Offices of Adrianos Facchetti in 2006, with its office at 4444 W. Riverside Dr., Suite 308, in Burbank. He holds an AV Preeminent rating from Martindale-Hubbell, serves on the Burbank Transportation Commission, and works with clients in English, Spanish, and Portuguese.
This article provides general information about California law and is not legal advice. Every case depends on its own facts.