Can I File a Claim if I’m at Fault in an Accident?

Many people believe that being at fault in a car accident automatically prevents them from seeking compensation, but that is not always the case. This FAQ explains whether you can file a claim if you’re at fault in an accident and outlines the legal options that may still be available to you under Pennsylvania law.

Fault in an accident does not necessarily eliminate your right to recover damages. Pennsylvania follows a modified comparative negligence rule, which means you may still be eligible for compensation as long as you are less than 51% responsible for the accident. Even if you share some blame, you could recover damages for medical expenses, lost wages, property damage, and pain and suffering, with your compensation reduced by your percentage of fault.

This page also discusses situations where insurance coverage may apply regardless of fault, such as personal injury protection (PIP) benefits. These benefits can help cover medical bills and certain losses even if you caused the accident. Understanding how insurance policies work and how fault is determined is critical to protecting your rights after a crash.

Another important factor covered is how fault is established. Police reports, witness statements, traffic laws, and accident reconstruction all play a role in determining liability. Insurance companies may attempt to shift more blame onto you to reduce or deny a claim, which is why legal guidance can be crucial.

Your Erie Lawyers provide clear answers to help accident victims understand their rights, even in complex fault-related situations. If you were involved in an accident and believe you may be partially or fully at fault, this FAQ helps clarify whether filing a claim is still possible and what steps you should take next to protect your legal and financial interests.