You were hurt in a car crash, and then the call came. The insurance adjuster says you share some of the blame. Maybe they say you were going a little too fast. Maybe they say you should have braked sooner or changed lanes with more care. Now you are worried that you will get nothing, or that your claim will shrink to almost nothing.
Take a breath. In Washington, being partly at fault does not end your claim. The law has a clear rule for crashes where more than one driver made a mistake. This post explains how that rule works, who decides the percentages, how insurance companies use partial fault to pay less, and what you can do to protect your claim.
Washington’s Shared Fault Rule in Plain English
Washington follows a rule called pure comparative fault. It means each person in a crash is given a percentage of the blame. If you were hurt, your payout is lowered by your own percentage. But you can still recover money, even when you carry part of the blame.
Many other states cut off an injured person who is mostly at fault. Washington does not. Your share of fault lowers the amount you receive, but it does not wipe out your right to ask for it. So even if an insurer says most of the blame is yours, your claim may still have value.
A Quick Example
Say your total damages come to $100,000. Here is how different fault shares would change what you can recover:
- If you are 10 percent at fault, you could recover about $90,000
- If you are 20 percent at fault, you could recover about $80,000
- If you are 40 percent at fault, you could recover about $60,000
- If you are 80 percent at fault, you could recover about $20,000
These are only examples, but they show why the percentage matters. A difference of 10 or 20 points can mean thousands of dollars. That is why insurers push to raise your number, and why it pays to push back.
What “Partly at Fault” Usually Looks Like
Most drivers make small mistakes without thinking about them. Insurers know this, and they look for these mistakes after a crash. Common examples in Seattle and the rest of Washington include:
- Going a bit over the speed limit in heavy traffic on I-5 or SR-99
- Following another car too closely
- Changing lanes without a clear signal or enough space
- Turning left in front of oncoming traffic
- Disputes over who had the right of way at an intersection
- Multi-car pileups where several drivers share the blame
- Opening a car door into a bike lane, known as dooring
- Driving too fast for wet roads, fog, or snow
Having one of these facts in your story does not mean you caused the crash. A driver who hits you after running a red light may still be mostly responsible, even if you were a few miles over the limit.
Who Decides the Percentage of Fault
The number you see in the insurance company’s letter is not always the final word. Several people may have a say in the percentage.
Insurance Adjusters
Adjusters usually make the first call. They review the police report, photos, and statements, then give each driver a percentage. Their job is to protect the insurance company’s money, so their numbers often land in the company’s favor.
Negotiation Between Lawyers and Insurers
If you hire an attorney, the percentage becomes part of the negotiation. Your lawyer can use evidence to argue that your share is smaller than the adjuster claims. Most claims are settled at this stage without going to court.
A Judge or Jury
If your case is not settled, a judge or jury can decide fault. They hear evidence from both sides and give each driver a percentage. This takes longer, but it gives you a chance to have your side heard by neutral people.
Evidence That Can Reduce Your Share of the Blame
Strong proof is the best way to lower your percentage. Helpful evidence includes:
- The police report, including the officer’s notes and diagram
- Photos of the vehicles, the road, skid marks, and signs
- Dashcam footage and surveillance video from nearby businesses
- Witness statements from people who saw the crash
- 911 recordings that show what people said right after
- Event data recorder information, often called black box data, which can show speed and braking
- Cell phone records that may show whether the other driver was distracted
- Accident reconstruction by an expert who can explain how the crash happened
Video from businesses and traffic cameras is often erased in days, so ask for it early. Black box data can also be overwritten, which is another reason to speak with an attorney soon.
When the Other Driver Was Clearly Negligent But You Also Made a Mistake
Many real crashes are not simple. Think about these situations:
- The other driver ran a red light, but you were speeding
- You changed lanes without signaling, but the other driver was texting
- Both drivers say the other had a green light
- The other driver says your brake lights did not work
In each case, a judge or jury could place most of the blame on the other driver and a smaller part on you. That is the point of the shared fault rule. It lets the law look at everyone’s role instead of choosing one person to blame completely. A mistake on your part does not give the other driver a free pass.
How Insurance Companies Use Partial Fault to Pay Less
Insurance companies know that every point of fault they give you can save them money. Here are tactics to watch for.
Early Recorded Statements
An adjuster may ask for a recorded statement soon after the crash, when you are hurt and tired. Questions can be framed to draw out an answer that sounds like you admit blame. You do not have to give a recorded statement to the other driver’s insurer, and it is wise to talk with an attorney first.
Treating Uncertain Remarks as Admissions
Saying “I’m sorry,” “I didn’t see them,” or “maybe I was going too fast” can be used against you. These remarks may come from shock or politeness, but an insurer may call them proof of fault. Stick to facts, and do not guess.
Picking Parts of the Police Report
An insurer may point to the parts of a police report that help it and ignore the rest. A report is not the final answer on fault, and it may contain mistakes. Your attorney can compare it to other evidence.
Using Fault to Question Your Injuries
Some insurers tie fault to your injuries, saying you were not hurt as badly as you claim or that your own driving caused the harm. Medical records and doctor opinions help answer this.
What You Can Recover When You Are Partly at Fault
Your share of fault reduces your payout, but it does not remove any category of damages. You may still be able to recover for:
- Medical bills, past and future
- Ongoing care and therapy
- Lost wages and loss of earning power
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Out-of-pocket costs, like prescriptions and travel to appointments
- Property damage to your vehicle
Each amount is reduced by your percentage of fault. For example, with 20 percent fault, every part of your claim is lowered by 20 percent.
What If You Were Ticketed
A traffic ticket does not always settle fault in a civil claim. An officer may write a citation based on a quick look at the scene, and it may not tell the whole story. Paying a ticket or arguing it in traffic court can also affect your case in different ways, so talk with an attorney before you decide how to handle it. Even with a ticket, you may still be able to recover part of your damages.
What If You Were Not Wearing a Seatbelt
Insurers sometimes argue that not wearing a seatbelt made your injuries worse. This may affect how fault or damages are viewed, though the rules for how this evidence can be used are specific. If seatbelt use is an issue in your case, ask an attorney how Washington law treats it before you speak with the insurer.
What If the Other Driver Was Uninsured or Underinsured
If the driver who hit you has no insurance, or not enough, your own uninsured or underinsured motorist coverage may become the main source of payment. Shared fault can still apply to those claims. That means your coverage may pay less if you are given part of the blame. Check your policy early, since notice rules and deadlines apply.
Steps to Take After a Car Accident in Seattle or Anywhere in Washington
What you do early can protect your claim. Follow these steps if you can:
- Get medical care right away, even if you feel fine.
- Call the police and ask for a report.
- Take photos of the cars, the road, and your injuries.
- Get names and numbers of witnesses.
- Do not guess about fault or say you are sorry at the scene.
- Do not give a recorded statement to an insurer before talking to a lawyer.
- Save dashcam footage and ask nearby businesses to keep their video.
- Keep bills, records, and notes about your pain and recovery.
Why Partial Fault Cases Need a Strong Plan
When fault is disputed, the details matter even more. A strong plan often includes:
- Clear evidence showing the other driver’s role
- Careful handling of every statement
- Complete medical records that link your injuries to the crash
- Answers to blame-shifting by the insurer
- A fair value for long-term effects, such as ongoing pain or time off work
An attorney can handle these tasks while you focus on healing.
Deadlines for Filing a Claim in Washington
Washington generally gives you about three years from the date of the crash to file a lawsuit for injuries. Some situations have shorter deadlines, such as claims involving a government vehicle or notice rules in your insurance policy. Waiting can also hurt your evidence, since video is erased and memories fade. It is best to act early.
Frequently Asked Questions
Can I still get compensation if I was partly at fault in Washington?
Yes. Washington uses pure comparative fault, so you can recover even if you carry part of the blame. Your payout is lowered by your percentage of fault, but it is not wiped out.
How is my percentage of fault decided?
An insurance adjuster usually gives the first number. It can then be negotiated by lawyers, and if the case goes to court, a judge or jury decides. Evidence like police reports, video, witness statements, and black box data can change the outcome.
What if both drivers made mistakes?
The law looks at everyone’s role. A judge or jury can place most of the blame on the driver who was more careless and a smaller share on the other. Your claim is reduced by your share but still stands.
Should I give the insurance company a recorded statement?
You are not required to give the other driver’s insurer a recorded statement. It is usually smart to talk with an attorney first, since remarks made in shock can be used against you.
Will a traffic ticket stop me from recovering money?
Not always. A ticket does not decide fault in a civil injury claim by itself, and you may still recover part of your damages. Talk with an attorney before deciding how to handle the ticket.
Talk to a Washington Car Accident Attorney
When an insurance company says you are partly at fault, it can feel like the door is closing. It is not. Washington law lets you recover even when you share blame, and the percentage the insurer gives you is not final. McNeese & Trotsky, PLLC, can review the evidence, push back on blame-shifting, and fight for the fair value of your claim. Call (206) 332-1918 for a free consultation to talk about your crash and your options.