Can I File a Claim If I’m at Fault in a Pennsylvania Accident?
Filing a Claim When You Share Fault in a Pennsylvania Accident
Yes — in many cases, you can still file a claim and recover compensation even if you were partly at fault for a Pennsylvania car accident. Pennsylvania uses a legal standard called “modified comparative negligence,” which allows injured parties to recover damages as long as their share of fault does not exceed 50%. If you were 50% or less at fault, you may still be entitled to compensation — but the amount you recover will be reduced by your percentage of responsibility.
How Pennsylvania’s Comparative Negligence Rule Works
Under Pennsylvania’s comparative negligence law (42 Pa. C.S. § 7102), fault is allocated among all parties involved in an accident. Your recovery is then reduced proportionally. For example:
- If your total damages are $100,000 and you are found 25% at fault, you recover $75,000
- If you are found 40% at fault, you recover $60,000
- If you are found 51% or more at fault, you recover nothing
This means that even if the insurance company or the other driver argues you share some responsibility for the accident, you may still have a meaningful claim — and the value of that claim may be substantially higher than the insurer leads you to believe.
Why Insurance Companies Emphasize Your Fault
Insurers have a strong financial incentive to assign as much fault to you as possible. Every percentage point of fault attributed to you reduces what they owe. This is why adjusters may ask leading questions after an accident, request recorded statements, and point to your conduct as a reason to deny or reduce your claim. Statements you make in the days following an accident — even seemingly casual ones — can be used against you to inflate your assigned fault percentage.
What to Do If You Think You Might Be Partly at Fault
If you were in an accident and are concerned about your own role, it’s especially important to speak with an attorney before giving recorded statements or accepting any settlement offer. An experienced Erie car accident lawyer can evaluate the full facts, determine how fault is likely to be allocated, and fight to ensure that your percentage of responsibility is not overstated.
Contact Purchase, George & Murphey, P.C. for a free consultation. Our Erie attorneys handle cases involving shared fault throughout northwestern Pennsylvania.
