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What If You Were Partially at Fault for a Car Accident?

Car accidents can cause serious injuries that lead to unexpected medical bills and lost wages. To help cover the mounting expenses, you may need to file a personal injury lawsuit against the at-fault party.

But what if you were partially at fault yourself? Can you still file a lawsuit? Here are the answers to all your questions.

Can I File a Personal Injury Claim If I Was Partially at Fault for a Car Accident?

Car accidents aren’t always just one person’s fault.

For example, if a driver was cruising too close behind you, then rear-ended you after you failed to signal, you may both be at fault. If you were speeding and collided with a driver who was under the influence of alcohol at the time, you may also both be at fault.

Many Minnesota drivers think that because they were partially at fault for a car accident, they can’t get the compensation they need. Fortunately, that’s not the case.

Even if you were partially at fault for the accident, you may still be able to file a personal injury lawsuit.

Will My Own Insurance Cover the Costs of My Injury?

Minnesota is a “no-fault” state. That means that your insurance company must pay for your medical bills (and some income losses) even if the accident was partially your fault. 

So why would you need to file a lawsuit against anyone? Why not just let the personal injury protection (PIP) under your own auto insurance policy handle it?

Well, there are limits to how much PIP you’re entitled to. It may not be enough to cover all of your expenses in the aftermath of an injury. In order to get further financial support, you would need to file a claim against another at-fault driver.

How Much Compensation Could I Get If I Was Partially at Fault?

Once you file your claim, both sides will have to decide who holds the greater responsibility for causing the accident. This will be rated on a percentage-based scale.

If you bear less than 50% of the responsibility, any compensation you receive from the other party’s insurance company will be reduced by whatever percentage is assigned to you. For example, if you are 20% responsible, your compensation will go down 20%. If you are 35% responsible, it will go down 35%.

However, if you bear more than 50% of the responsibility, you won’t be entitled to any compensation at all from the other party’s insurance company.

How Is the Percentage of Fault Determined?

In order to decide what percentage of responsibility you and the other driver bear, both legal teams will look over all the factors that may have caused the accident.

If neither side can agree to a fair settlement based on the factors involved, the lawsuit will go to trial. Then, a judge or jury will award responsibility as they see fit.

No insurance company is ever in any hurry to pay out any damages, though, and you might have trouble getting what you’re entitled to on your own.

If you’ve been injured in an auto accident, we can help. The SiebenCarey team has assisted thousands of personal injury victims in getting the compensation they need, and we’d be happy to do the same for you.

We’ll study the details of your accident, make sure you understand your rights, and see to it that you get every dollar you’re owed.

Click here for a free, no-obligation case evaluation.

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Client Reviews

out of 182 reviews
Deb Colombe

I was involved in a car accident that was complicated at best. God blessed with me Eric Beyer as my attorney. Although it was a long drawn out process between the two insurance companies, Eric was not only my attorney, he was my rock.

Eric is one of the most ethical people I have ever met in my lifetime. He was a constant source of not only information, but of comfort throughout the whole process. I never doubted for one moment that Eric did not have my best interest at heart. He took every word I said seriously and did what he had to do. If I ever have the misfortune of another injury like this, I would go to no one other than Eric Beyer. I will never in my lifetime be able to thank Eric enough or let him know how much I respect him and what a comfort he was and has continued to be for me. God Bless you Eric Beyer.

Chris and Amy Boys

We worked with Art and his team on a personal injury case. We could not have been more pleased with the result. Art and his team were both professional and personable, and were a pleasure to work with. I would highly recommend Art and his team if you find yourself in this type of situation.

Jesse Bukal

In need of a personal injury attorney? Well you're if you're reading this you're in the right place. You'd be hard pressed to find more competent attorneys than the ones here at SiebenCarey.

They took my case to trial and an amazing job presenting the facts and fighting for my best interests! Three years ago I was unsure of what my future would bring; now that it's over I can rest a bit easier. With SiebenCarey as my counsel, I believe I had the absolute BEST representation a person could've asked for. I knew that I wanted the absolute best representation when searching for an attorney to handle my case and I most definitely received it.

If you need a personal injury attorney, look no further. Can't recommend highly enough.

Daunne Schaller

I was seriously injured in a car accident on my wedding night and went to SiebenCarey. Being involved in an accident is never fun. The folks at SiebenCarey got us thru the event helping us get on with our lives. They were up front and honest. We knew we could trust them. It’s clear to me why Art has been recognized as a Best Lawyer in America and Super Lawyer for 12 years running. Now anytime I know someone who was involved in an accident I refer them to SiebenCarey.

Jeanne Tondryk

Eric W. Beyer helped me through a very difficult time and his professionalism, advice and results from an injury were highly respected. Amidst the personal part of getting myself back to health, his guidance when life was blurry was so appreciated. He listened and then put forth my options honestly and directly which I totally appreciated!

 Was totally satisfied with his hard work and dedication to help me. I'd highly recommend him. Thank you Eric!

Andrea Long

I reached out to SiebenCarey after a partial amputation of my foot following an accident. Art took on my case and without question it was the best decision I ever made. He and his staff did an amazing job and were extremely helpful. I felt like I not only gained an attorney to work on my case, but also a friend & family within those I spoke & dealt with in the office. Going through the legal process can be an agonizing and slow process, especially in the age of COVID. In the end Art presented all the facts and helped me make an informed decision. Understanding I had to decide whether to settle or go to trial, I ultimately chose to settle and couldn’t be more pleased. If I could give Art 20 stars I would.

Rich Huth

Eric Beyer is the best!!! Definitely above a five star rating.

Heather Beal

When someone asks me to refer them to a personal injury lawyer, I immediately give them Jim Carey’s name and contact information at SiebenCarey in Minneapolis. Jim is more than a top-rated, expert personal injury attorney, he is an empathetic and compassionate listener. He sees people, not simply case files. He has represented my friends well by sincerely caring about the immediate and lasting effects that injuries from car accidents, negligence or other circumstances have had on their lives.

Sean Beggs

I was referred to SiebenCarey by a friend after I was involved in a bicycle accident. Jim Carey represented me and throughout the process I was never anxious about the case because he and his team were in constant communication. I knew where we stood and the course of action we were taking which gave me peace of mind throughout my recovery. Everyone I encountered at SiebenCarey from the first phone call until the final resolution treated my case as if it were top priority and they did so respectfully, professionally, and achieved results beyond my expectations. It was a pleasurable experience during a difficult time.

Jody Draper

I have had very long trying Workman's Compensation injury case and Eric Beyer and his assistant Rita Cerny have been totally amazing!! Always so informative and helpful!!

I strongly recommend using Eric as your advocate and personal lawyer!! You will not be disappointed!! Thank you Eric and Rita!! I could not of done this without you!!!

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