If you’ve recently been in a car accident and you’re being blamed, you may be wondering, “How do I reduce my portion of fault for a crash?” Fault matters because it impacts your ability to recover compensation and how much you can claim. Even if you’re only partially responsible, insurance companies may use that to lower or deny your payment.
At Recovery Law Center, we work with people across Hawaii to help them deal with unfair blame. Sometimes, drivers are wrongly accused because the facts weren’t fully understood. Other times, insurance adjusters assign fault based on limited information. We help you take the right steps after an accident so that your rights are protected.
Reducing fault starts from the moment the accident occurs. What you do and say at the scene, the evidence you collect, and how you deal with insurance adjusters all play a role in determining fault. Taking the right steps can reduce your portion of responsibility and help you recover a fair settlement.
How Does Fault Work in a Car Crash
Fault is assigned based on what happened before and during the accident. Police officers may include fault opinions in the official police report, but those aren’t always final. Insurance companies do their own review. They use evidence like police reports, medical records, damage photos, and witness statements to decide who was at fault.
In a car accident case, multiple drivers may be involved. Fault determination helps figure out how much each person contributed. This percentage plays a big role in car accident claims. If you’re found to be more than 50 percent at fault, Hawaii law says you may not be able to recover compensation.
Each insurance provider may look at fault differently. Your driver’s insurance company might say you’re responsible. In contrast, the other driver’s insurance company says otherwise. Because fault affects your insurance coverage, your ability to file an injury claim, and even your car insurance rates, it’s essential to understand the process and take action if the fault assigned is incorrect.
What Happens if You’re Partially at Fault?
Even if you’re partly to blame, you can still get compensation. Hawaii follows a modified comparative negligence rule, which means you can recover damages as long as you’re less than 51% at fault. However, your payout will be reduced based on your level of responsibility.
For example, if your damages from a car crash total $80,000 and you’re found to be 25% at fault, you’d recover $60,000. The same math applies whether you’re dealing with medical expenses, lost wages, or emotional distress. This is why it’s so important to avoid admitting fault and to gather strong evidence early on.
Car insurance companies will often look for ways to show you share some blame. Even being 10% at fault reduces what you’re paid. And that share of fault also affects your car insurance premiums later. Working with a car accident lawyer can help reduce your assigned fault and make sure your side of the story is heard.
What Insurance Companies Look At When Assigning Fault
Insurance companies are in the business of reducing what they pay. That’s why they examine every detail to assign fault. They’ll request statements from all drivers involved, review the official police report, look at photos from the accident scene, and analyze vehicle damage.
Some may bring in accident reconstruction specialists to recreate how the crash happened. They’ll also look at traffic laws to see if someone ran a red light, failed to yield, or changed lanes without signaling. If multiple parties were involved, they might divide fault among themselves to avoid paying the full amount.
Your insurance provider and the other driver’s insurance company may come to different conclusions. This can delay or reduce your settlement. You’re allowed to challenge their decision. Don’t assume that the first decision is final.
Avoid talking too much to the other driver’s insurance company. They may twist your words to make it seem like you’re the at-fault driver. Stick to the facts or allow a car accident attorney to speak on your behalf.
How to Dispute Fault Assigned by Insurance Companies
Insurance companies don’t always get fault right. If you’ve been in a car accident and believe you’re being blamed unfairly, here’s how to challenge that decision using reliable steps rooted in lived experience and proper documentation:
- Request the Fault Assessment: Ask the insurance adjuster for a copy of the fault determination. You have the right to see how they reached their decision.
- Review the Official Police Report: Check the police report for errors or missing details. Sometimes, what’s recorded doesn’t match what happened at the accident scene.
- Gather Your Supporting Evidence: Collect clear photos, videos, and any other visual proof from the crash. These help show what happened and where vehicles were positioned.
- Include Medical Records and Bills: Show medical records that document your injuries. This helps link your physical harm directly to the car crash, proving damages.
- Use Witness Statements: Contact anyone who saw the crash. A neutral third-party statement can support your side and reduce your assigned fault.
- Request an Accident Reconstruction (if needed): In complex cases, a reconstruction expert can show the sequence of events and challenge the insurance company’s version.
- Document All Communication: Save every email or letter from your insurance provider or the other driver’s insurance company. Keeping a record protects you from unfair changes in their position.
- Avoid Speaking Without Representation: If the other driver’s insurance company calls you, don’t share too much. It’s safer to talk only to your own insurer or get advice from a personal injury lawyer first.
- Consult a Car Accident Lawyer Early: A car accident attorney can step in to dispute the fault assignment directly and ensure your rights are protected.
- Challenge the Decision in Writing: If needed, submit a written dispute with your evidence to your insurer. Keep a copy of everything you send.
- Follow Up Consistently: Don’t assume your dispute is being handled. Follow up regularly to make sure your case is being reviewed fairly.
- Don’t Accept a Low Settlement Based on Fault: If your portion of fault is too high and affects your settlement, you can negotiate. You are not required to accept an unfair offer.
Each of these steps builds trust and supports your case. When you respond with facts and documentation, you give insurance companies fewer chances to assign blame without proof. You also protect your ability to recover compensation and avoid long-term impacts on your car insurance rates.
Why You Should Avoid Admitting Fault
After a crash, emotions run high. It’s normal to feel overwhelmed, but be mindful of what you say. Even if you think you caused the accident, you may not know all the facts yet.
Avoid saying things like “I’m sorry” or “It was my fault.” Admitting fault at the accident scene can hurt your injury claim later. It can also make it harder to reduce your portion of blame, especially if the other driver says something different to their insurance company.
Wait for the investigation. The official police report, medical records, and photos may show that the other driver was speeding, distracted, or failed to stop. These facts can shift the blame away from you.
Remember, fault affects more than just your settlement. It can raise your car insurance rates and limit how much your insurance provider is willing to cover. The less fault assigned to you, the stronger your case becomes.
What If the Other Driver Tries to Shift Blame?
Many drivers don’t want to be held responsible. That’s why they may say you caused the crash, even when they know you were speeding, not paying attention, or making illegal turns.
Insurance adjusters may take the other driver’s word over yours, especially if you didn’t collect enough evidence. That’s why photos, the official police report, and witness statements are so important.
The other driver’s insurance company might even accuse you of being partially responsible. This could reduce your settlement or delay your insurance claims. If that happens, you have the right to push back and provide proof of your side of the story.
Car accident fault is not always clear. When fault determination is disputed, it helps to have an experienced attorney gather facts and challenge unfair blame. At Recovery Law Center, we’ve helped many clients reduce their share of fault by building solid cases backed by evidence.
Multi-Vehicle Accidents and Shared Fault
In accidents with multiple parties, fault is often divided. If three or more drivers are involved, insurance companies may assign each a percentage of responsibility.
For example, one driver might have made an illegal turn while another was speeding. In these cases, your goal is to show that your actions didn’t significantly contribute to the crash. Otherwise, fault could be unfairly assigned to you.
Multi-car accidents can be confusing. Sometimes it’s unclear who hit whom first. This is where accident reconstruction and detailed documentation come in. The more you can prove about where you were and how the crash happened, the easier it is to reduce your share of blame.
Your car accident case becomes more complicated when multiple insurance providers are involved. They may argue over who pays what. Having legal support can help protect your interests when fault is being divided among the drivers involved.
How Recovery Law Center Can Help With Fault Disputes
At Recovery Law Center, we work with people who are being unfairly blamed for crashes. When a fault is disputed, we constantly push for fair settlement offers. We understand how comparative fault rules work in Hawaii. If your share of fault is too high, it could cost you your chance to recover damages. We work to reduce that percentage by showing facts that the insurance company might have missed.
If you’re dealing with high medical expenses, lost income, or pain after a crash, don’t settle for less than you deserve. We’re here to help you protect your rights. Call us at (808) 374-5174 or schedule a consultation online for a free case review.
