When an insurer says you were partly at fault

A motor vehicle injury attorney on shared fault claims

For survivors and families3 min read

Insurance and claimsShared faultFaultClaim disputesEvidence

An insurer may claim you helped cause the crash and offer to pay only part of your loss. Ask what it says you did, how that caused the collision and what evidence backs up its percentage. The number by itself can’t tell you if the insurer’s reasoning holds up. [1, 2]

Sort what you saw from what others concluded

Write a short timeline of what you saw and did. Mark which parts you witnessed yourself and which came from someone else. Check it against photos, road markings, signal timing, video, witness accounts and the police report. A traffic citation or a diagram can matter. Even so, all of the evidence still needs to be reviewed. [1, 2]

Find out which state rule was used

States treat shared fault in different ways. Some cut what you can recover by a percentage. Others may block certain claims once your share reaches a set point. Ask the adjuster which state’s rule it applied and how it figured the offer. Don’t borrow a percentage rule from another state. [2, 3]

Some benefits pay no matter who was at fault. Examples include some medical payments or personal injury protection coverage. Those benefits are a separate question. [2, 3]

Push back on the specific point

If you disagree, name the exact action or fact that’s wrong. Send evidence that supports you and ask for a written reply. Find out how the percentage affects your vehicle claim, your injury claim and any deductible recovery. If your injury is significant, get local legal advice before you accept a final settlement. [1, 3]

What to ask the insurer

  1. What exactly do you say I did?
  2. What evidence supports the share you assigned to me?
  3. How does the state rule change each payment?

Get the math in writing

Ask for the written explanation of fault and how the numbers were worked out. Then go through the evidence it cites. [1]

Sources and further reading

  1. 1Texas Department of Insurance, third party fault decisions
  2. 2California Department of Insurance, comparative negligence
  3. 3Washington insurance commissioner, fault and deductible recovery

These general notes come from a motor vehicle injury law perspective. Fault rules differ by state. An insurer’s percentage is its position on the claim. A lawyer licensed for your case can judge what it means for you.

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