Can I Sue If I Caused the Accident?
Even if you were partly or mostly at fault, California’s pure comparative negligence rule may still let you recover—reduced by your share of fault—if another driver was also negligent. You may also have coverage under your own policy (medical payments, uninsured/underinsured motorist, or collision), and your passengers can bring claims regardless of who was at fault.
How comparative fault can still allow recovery
Because California uses pure comparative negligence, being at fault does not automatically bar you. If the other driver was also negligent (speeding, running a light, distracted), you can recover the portion of your damages attributable to their fault, even if you were the more-at-fault driver.
Your own coverage may help
Regardless of fault, your own policy may provide medical payments (MedPay) for treatment, collision coverage for your vehicle, and uninsured/underinsured motorist coverage if another at-fault driver had too little insurance. These first-party benefits are often overlooked.
Passengers can always make a claim
Your passengers are not responsible for the crash and can bring claims against the at-fault drivers—including you and any other negligent driver. Their claims are typically handled through the responsible drivers’ liability insurance.
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Quick Reference
| Coverage | What it does |
|---|---|
| Medical payments (MedPay) | Pays medical bills regardless of fault |
| Collision | Repairs your vehicle regardless of fault |
| Uninsured/underinsured motorist | Applies if another at-fault driver lacked coverage |
Frequently Asked Questions
Can I recover damages if I was mostly at fault?
Possibly. Under California’s pure comparative negligence rule, if another driver was also negligent you can recover the share of your damages caused by their fault, reduced by your own percentage.
What coverage helps if I caused the accident?
Your own medical payments (MedPay), collision, and uninsured/underinsured motorist coverage may apply regardless of fault. Review your policy carefully.
Can my passengers sue me if I caused the crash?
Yes, but claims are handled through liability insurance, not out of your pocket in most cases. Passengers can claim against any at-fault driver.
Written & legally reviewed by Compass Law Group partners
Joseph Shirazi
Managing Partner, Compass Law Group, LLP
California State Bar #265403 · Loyola Law School, J.D.
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, leading the firm’s personal-injury, catastrophic-injury, and wrongful-death trial practice. He authored the analysis on this page.
Profiles: Avvo · Super Lawyers · Justia · LinkedIn · CA State Bar · Full Bio →
Simon Esfandi
Partner & Co-Founder, Compass Law Group, LLP
California State Bar #275307 · Loyola Law School, J.D.
Simon Esfandi is a Partner and Co-Founder of Compass Law Group, LLP. He reviewed this page for legal accuracy. Compass represents California injury victims on a No Win, No Fee basis.
Profiles: Avvo · Super Lawyers · Justia · LinkedIn · CA State Bar · Full Bio →
Past results do not guarantee future outcomes. This article is legal information, not legal advice.
Injured and not sure what your claim is worth?
Get a Free ConsultationNo Win, No Fee · (213) 320-1001
