When the dust settles after a car accident, one of the first questions that insurances companies look to answer is who was at fault for the accident? Determining fault is the first critical step in any injury case because it affects which insurance company is responsible for covering damages and for what percentage. After a claim is filed, insurance companies immediately get to work assessing responsibility. Where it can get more complicated is when the claimant is found partially responsible for the accident. In this situation people wonder: Can you still file a car accident claim if you were found partially at fault?
If you’ve been injured in a car accident and fault is being disputed or you believe that you may have been partially at-fault for the accident, it is important to speak with a knowledgeable, local car accident attorney as soon as possible. Under no circumstances should you admit fault or partial fault for an accident without first speaking to an injury lawyer!
Can You Still File a Car Accident Claim If You Were Found Partially at Fault for the Accident?
The short answer is, yes, in Washington State, you can still file a car accident claim even if you share some of the blame. Here’s how it works:
Washington Operates Under a Fault-Based System
Washington State follows a fault-based system for car accidents and insurance claims. This means that if another driver caused or contributed to your injuries, you can file a claim directly with the at-fault driver’s insurance company to seek compensation for your medical bills, lost wages, and other damages.
This differs from “no-fault” states, where drivers are required to turn to their own insurance coverage for injury-related expenses regardless of who caused the crash.
Washington Is a Comparative Fault State
Washington law recognizes that fault in accidents isn’t always clear-cut. Sometimes both drivers play a role in causing a collision. That’s where comparative fault comes in.
Under Washington’s Pure Comparative Fault Rule, you can still recover damages even if you were mostly at fault — up to 99 percent. However, the amount of compensation you receive will be reduced in proportion to your share of fault.
For example:
If your total damages equal $1 million, but you are found to be 30 percent at fault, your recovery would be reduced by that percentage so you would walk away with $700,000 in compensation.
This system ensures that each party’s financial responsibility aligns with their actual contribution to the accident.
Understanding Joint and Several Liability
Washington also follows the principle of Joint and Several Liability (in a multi-vehicle accident), which further impacts how damages are awarded
Here’s what that means:
- Each defendant is responsible only for their share of the damages unless the injured party (the plaintiff) is found not at fault at all.
- If the plaintiff bears no fault, then all liable defendants can be held responsible for covering the full amount of damages — even if one party was more at fault than another.
This rule helps protect innocent victims from being left without compensation when one of the responsible parties cannot pay their share.
Why Fault Matters in Your Car Accident Claim
Because Washington allows partial recovery under the Pure Comparative Fault Rule, it is crucial to build a strong case that minimizes the percentage of fault assigned to you. The lower your assigned fault, the greater your potential compensation.
An experienced car accident attorney will:
- Investigate the crash to establish the true cause of the accident
- Gather evidence to prove what percentage the other party was responsible for the accident
- Negotiate with insurance adjusters who may try to shift blame unfairly
In summary, you can still file a car accident claim in Washington even if you were found partially at fault. The state’s fault-based and pure comparative fault systems ensure that you’re not automatically barred from compensation, but your recovery will depend on your degree of responsibility for the accident.
Seek the Help of a Car Accident Lawyer
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
