Many people worry that being partly at fault ends their claim. In California it usually does not.
Pure comparative fault
California follows a pure comparative negligence rule. A jury or insurer assigns each party a percentage of fault, and your recovery is reduced by your percentage. If your damages are $100,000 and you are found 20 percent at fault, you could recover $80,000.
Why insurers push on this
Every percentage point they can assign to you reduces what they pay. That is why they ask for recorded statements and look for any admission, such as "I did not see them."
Protect yourself
- Avoid guessing about fault in conversations or social posts.
- Preserve photos, video and witness names.
- Let a lawyer deal with the insurer when fault is disputed.
Published October 8, 2026. General information, not legal advice. Laws change, and every case is different. Attorney advertising.