If an insurance adjuster has told you that you were partly at fault for your own crash, do not assume that ends your claim. Washington follows pure comparative negligence, which means you can still recover money even if you were partly — or even mostly — to blame. Your recovery is reduced by your share of the fault, but it is not erased.
How does comparative fault work in Washington?
Under Washington's comparative fault statute (RCW 4.22.005), your damages are reduced in proportion to your percentage of fault. If your total damages are $100,000 and you are found 20% at fault, you recover $80,000. Because Washington uses a pure system — not a "51% bar" like some states — you can recover something even if you were found 70% at fault. In that case you would still collect 30% of your damages.
Why does the insurer keep insisting I share the blame?
Because your fault percentage directly controls how much they pay. Every percentage point of fault the insurer can pin on you is a percentage point they subtract from your check. That is why adjusters push theories like "you were speeding," "you could have avoided it," or "you weren't paying attention," often based on nothing more than the other driver's word. Fault is an argument, not a fact handed down from on high, and it is very much worth contesting.
What determines my percentage of fault?
Fault comes from evidence: the police report, physical damage and skid marks, witness statements, traffic-camera or dashcam footage, and the rules of the road. A driver who rear-ends you, runs a light, or turns left across your path is usually assigned most or all of the fault under Washington traffic law. Preserving evidence early — photos, witness contact information, medical records — is what keeps an insurer from inventing fault later.
What if more than one driver was at fault?
Washington's rules also address how fault is divided among multiple at-fault parties. When several people share responsibility, each is generally responsible for their own share of the fault, though certain claims — including those against a defendant who acted in concert with others — can be treated differently. If more than one driver contributed to your crash, it is worth having a lawyer sort out who pays what.
Does being partly at fault affect my PIP or UM/UIM?
No. Your PIP is no-fault, so it pays your medical bills regardless of your share of blame. Your UM/UIM coverage depends on the at-fault driver having too little insurance, not on you being completely free of fault. Comparative fault mainly affects the liability claim against the at-fault driver.
Talk to a Washington attorney before you accept a fault finding
An insurer's fault determination is a negotiating position, not the final word. If you have been blamed for a crash you did not cause, or your share is being exaggerated to shrink your payout, we can push back with the evidence. If you were injured around Federal Way or the South Sound, call or text (206) 429-5227 or contact us here for a free consultation.
Related: Insurance after a car accident in Washington: the full guide
