Being found at fault for a car accident in San Diego does not automatically mean you walk away with nothing or that you owe everything. California uses a system called pure comparative fault, which means fault is divided between everyone involved, and your share of responsibility reduces your ability to recover compensation. Even if you were primarily at fault, there are still important things you need to understand about what comes next, both for protecting yourself and for knowing your rights.
How California’s Pure Comparative Fault Rule Affects Your Claim
California follows the pure comparative fault rule. This means fault is expressed as a percentage, and each party’s recovery is reduced by their share of that percentage.
For example, if you are found 70% at fault for an accident and the other driver is 30% at fault, your recovery would be reduced by your 70% share, while the other driver’s recovery would be reduced by their 30% share. Both parties can pursue claims regardless of how fault breaks down.
California’s pure comparative fault approach is different from states that bar recovery entirely if you are more than 50% at fault. In California, even a driver who is 99% responsible can technically recover 1% of their damages. While the system sounds straightforward, fault percentages are rarely agreed upon without a fight.
How an At-Fault Accident Affects Your Insurance Coverage and Rates
If you caused the accident, your liability insurance is what covers the other driver’s injuries and property damage, up to your policy limits. California requires drivers to carry minimum liability coverage of $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage under Vehicle Code § 16056.
If the other driver’s damages exceed your policy limits, you may be personally responsible for the difference. That is a real financial risk, particularly in accidents involving serious injuries.
Your own collision coverage, if you carry it, can pay for repairs to your vehicle regardless of fault. However, your insurer will likely raise your premiums after an at-fault accident. How much and for how long depends on your policy and your insurer.
What you should know about dealing with insurance after a fault determination:
- Your insurer will conduct its own investigation and may not agree with the other driver’s version of events
- You are not required to give a recorded statement to the other driver’s insurance company
- Fault determinations made by insurance companies are not final and can be challenged
- If your insurer believes you were not entirely at fault, they may push back on the other side’s claims
- Policy limits matter, and understanding yours before an accident happens is worth the effort
Can You Still Recover Compensation If You Were Partly at Fault?
Yes. This is the part that many people in San Diego do not realize. If another driver also contributed to the accident, even partially, you may have a claim against them. Being at fault does not erase the other driver’s responsibility for their share.
For example, if you ran a red light but the other driver was speeding and failed to take evasive action they reasonably could have taken, both of you may bear some portion of fault. Your percentage would reduce your recovery, but it would not be zero.
This is why it is worth having your situation evaluated by a San Diego car accident lawyer, even when you believe you caused the accident. The full picture is often more complicated than the initial police report or insurance determination suggests.
What About a DUI or Traffic Citation?
Suppose you were cited for a traffic violation or arrested for DUI in connection with the accident; that creates a separate legal matter alongside the civil liability question. A traffic citation does not automatically determine civil fault, but it can be used as evidence. A DUI conviction carries serious consequences, including criminal penalties, license suspension, and potential civil liability from injured parties.
California courts can also consider punitive damages in cases involving drunk driving under Civil Code § 3294, which goes beyond compensating the other party for their losses. If alcohol or drugs were involved in your accident, the legal exposure is significantly greater, and you should speak with an attorney as soon as possible.
Steps to Take After an At-Fault Accident in San Diego
How you handle the immediate aftermath of an accident affects your legal and financial situation, regardless of who caused it. Here are the steps to take right after a crash:
- Stay at the scene and call 911 if anyone is injured
- Exchange insurance and contact information with all drivers involved
- Document the scene with photos before vehicles are moved, if it is safe to do so
- Do not admit fault at the scene, even if you believe you caused the accident
- Report the accident to your insurance company promptly
- Avoid giving recorded statements to the other driver’s insurer without speaking to an attorney first
- Get medical attention if you have any injuries, even ones that seem minor
Admitting fault at the scene or in early conversations with adjusters can significantly complicate your position, especially before a full investigation has taken place. Let the process work before concluding.
When to Call a San Diego Car Accident Attorney After an At-Fault Crash
Fault in car accidents is rarely black-and-white. Insurance companies make fault determinations based on their own interests, and those determinations can be disputed. If you were injured in the accident, if the other party’s damages are significant, or if there are questions about how fault should actually be divided, getting legal advice is a step worth taking.
The Law Office of Kevin Lemieux, APC, has been representing San Diego clients in personal injury and car accident matters since 2003. Attorney Kevin Lemieux’s approach centers on understanding exactly what happened, building a complete picture of the facts, and pursuing the best outcome for clients, including taking cases to trial when that is required. We offer free consultations with no obligation.
Call (619) 488-6767 or contact us online to talk through your situation.
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Law Office of Kevin Lemieux
2221 Camino del Rio S STE 308,
San Diego, CA 92108, United States
Phone: (619) 257-5055
Being found at fault for a car accident in San Diego does not automatically mean you walk away with nothing or that you owe everything. California uses a system called pure comparative fault, which means fault is divided between everyone involved, and your share of responsibility reduces your ability to recover compensation. Even if you were primarily at fault, there are still important things you need to understand about what comes next, both for protecting yourself and for knowing your rights.
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