Can I Recover Compensation if I’m Partially at Fault for My Car Accident?

Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
September 13, 2023
car accident

It is natural to question your legal rights and subsequent ramifications when you are involved in a car crash where you are partially at fault. Contrary to common misconceptions, being partly responsible does not necessarily bar you from seeking compensation; yet, it can be an arduous and often protracted process. Should you find yourself in such a predicament, a trusted law firm can provide expert legal assistance during this challenging time.

Such accidents can have a physical, emotional, and financial toll on you, and your attorney can help you navigate your case and pursue fair compensation. You can rely on them to analyze the intricacies of the case, build a strong legal strategy, and advocate for your rights in the pursuit of a favorable outcome. Keep reading to discover the possibilities of recovering compensation and gain valuable legal insights.  

Factors That Can Affect Compensation Amount

Pennsylvania follows a comparative negligence rule, meaning compensation may be reduced if you are found partially at fault for a car accident. You may be able to recover damages if it is determined your fault is less than 51%, but the amount will be lowered in accordance with your degree of fault. A personal injury attorney can assist you in determining the potential reimbursement based on the particulars of your case.  

Several factors come into play when determining the compensation amount in cases where you share fault. They include:

  • The severity and nature of your injuries. They will be considered when calculating compensation; they comprise both physical and psychological injuries resulting from the accident.
  • How the accident has affected your daily life and activities. This consists of limitations on mobility, pain, and suffering, as well as the impact on your ability to perform regular duties.
  • Compensation to cover your medical expenses arising from the accident. These are costs for hospital stays, surgeries, medication, rehabilitation, therapy, and any future medical treatments related to your injuries. The amount may also include repairing or replacing your vehicle or any other damaged property.
  • If you have missed work or suffered catastrophic injuries that have affected your earning capacity, you may be compensated for current lost wages or the revenue you are likely to lose in the future.

Comparative negligence may be applied when you share fault for the accident, and the compensation you receive may be reduced based on the percentage of fault assigned to you. Even so, if you are partially to blame for a road accident, consult with an attorney specializing in personal injury law. They will assess the specifics of your case, advise you accordingly, liaise with insurance companies, and represent your rights in court if needed.

The Role of Car Insurance Companies After Accidents

Dealing with insurance companies can be complex, especially when you are partially at fault. In such cases, it is not advisable to attempt self-representation. To ensure you receive fair compensation, you need legal counsel to guide you through the entire process and negotiate on your behalf. This is because some insurance companies use various tactics to shift blame onto you or undervalue your claim.

For instance, they may attempt to undervalue the extent of your injuries or the damages to your vehicle, dispute the necessity of certain medical treatments, and downplay the severity of your injuries. They will even use recorded statements from the involved parties or accident reconstruction experts to argue that you were more at fault in an attempt to lessen the amount of compensation they have to pay.

Some insurers request excessive documentation or prolong the investigation, intentionally delaying the claims process, hoping you will become desperate for resolution and accept a less favorable settlement. Having a dedicated lawyer by your side can level the playing field. They have experience dealing with insurance companies and will protect your rights, handling all communication and negotiations.

Seek Qualified Legal Representation Today After a Car Accident in Pennsylvania 

When facing the complications of an auto accident claim, partnering with the right law firm can make all the difference. Rubin, Glickman, Steinberg & Gifford, P.C. is a reputable Pennsylvania-based law firm with a proven track record of success in personal injury cases. Our team of talented attorneys is well-versed in car accident claims and the nuances of comparative negligence laws. With RGSG, you can access our extensive legal knowledge, personalized attention, and unwavering commitment to fighting for your rights.

We will thoroughly evaluate your case, explain your legal options, and walk you through the claims or court procedures. You can rest easy knowing your rights will be protected, and you will have a strong advocate fighting for the compensation you deserve. If you are partially to blame in a car accident case and are unsure about recovering compensation, call us at (215) 822-7575 today to schedule a free consultation. You can also fill out our contact form with your detailed information, and one of our skilled attorneys will get back to you immediately.


Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
September 13, 2023
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the "Best Law Firm" for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.