If I’m partially responsible for the crash, can I still collect?

As anyone who has been involved in a car accident knows, determining fault is critical. But what if you, as a driver in Seattle, Washington, are partially responsible for the crash? Can you still seek compensation?

Our state’s car accident laws

Washington operates under a “fault-based” auto insurance system. This means that if you are injured or your property is damaged in a motor vehicle accident, you can file an insurance claim or lawsuit against the party responsible. You are not required to first file a claim with your own insurance.

Comparative negligence

Washington uses the “pure comparative negligence” rule. Essentially, this means that you can recover if you share liability, but you can only recover the amount less your fault percentage. However, that compensation will be reduced by your percentage of fault. For instance, if you’re 30% at fault in an accident with $100,000 in damages, you can only recover $70,000.

To put it another way, when both drivers share fault, you can only recover for the percentage of damages that you did not cause. This means that even with 99% fault, you can still receive 1% of the total damages.

Filing an insurance claim

After a car accident, you can file a claim with your insurance or the at-fault driver’s insurance. Alternatively, you can file a lawsuit in a Washington civil court. The timeframe for filing a claim varies depending on the policy and insurance company, so timely action is essential. Moreover, there are filing deadlines for lawsuits as well.

Conclusion

The key here is that you can still recover, even if you carry some liability for the car accident. The amount you receive will be adjusted based on your fault percentage. Understanding these laws can help you navigate your rights and responsibilities after a car accident.

Matthew D. Dubin

Matt Dubin has spent more than 20 years honing his skills as one of the top personal injury lawyers in the State of Washington. In his career, Matt has focused on protecting consumers from dangerous household products, medical mistakes, roadway accidents, and many other causes of injury. Matt has recovered nearly $20 million on behalf of his clients.

Education

• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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