Unraveling “Comparative Fault”: How Your Own Actions Can Impact Your Car Accident Settlement in Colorado
After a car accident, the other driver’s insurance adjuster may try to convince you that because you were partially to blame, you are not entitled to anything—this is often a deliberate misrepresentation of the law.
In Colorado, the reality of financial recovery is not always black and white. The legal doctrine of “comparative fault” is one of the most powerful tools insurance companies use to devalue or deny legitimate injury claims. Understanding how it works is the first step in protecting your right to a fair settlement.
What is Comparative Fault?
At its core, comparative fault is a legal principle that assigns a percentage of blame to each party involved in an accident. The amount of compensation an injured person can recover is then reduced by their assigned percentage of fault.
Imagine a simple scenario: Another driver runs a red light and T-bones your car. However, you were driving five miles per hour over the speed limit at the time. The other driver is clearly the primary cause of the accident, but their insurance company might argue that your speed made the accident slightly worse.
A court might determine the other driver was 90% at fault, but that you were 10% at fault. If your total damages were $100,000, your final award would be reduced by your 10% of fault, meaning you could only recover $90,000.
Colorado’s 50% Bar Rule: The Edge of the Cliff
Colorado follows a “modified comparative fault” system, which has a critical threshold. It’s often called the “50% Bar Rule.” Here’s what it means:
- If you are found to be 49% or less at fault, you can still recover damages, though your award will be reduced by your percentage of fault.
- If you are found to be 50% or more at fault, you are legally barred from recovering any compensation from the other party.
This is why insurance adjusters work so hard to shift blame onto you. Pushing your percentage of fault from 49% to 50% means they go from paying a significant settlement to paying absolutely nothing.
How Insurance Companies Use Comparative Fault Against You
Adjusters are trained to ask leading questions to get you to admit partial blame, even when it isn’t true. They might ask:
- “Were you distracted by anything at all before the crash?”
- “You were in a bit of a hurry, weren’t you?”
- “Could you have done anything differently to avoid the collision?”
They will take any hint of shared responsibility and use it to build a case against you, drastically reducing the value of your claim.
An Attorney Can Protect You from Unfair Blame
This is where having an experienced personal injury attorney is crucial. We can fight back against unfair allocations of fault.
At Flanagan Law, we conduct our own independent investigations, gather evidence, consult with accident reconstruction experts, and build a powerful case to show the true cause of the car accident. We anticipate the insurance company’s tactics and build a strategy to protect your settlement from being unfairly reduced.
Don’t let an adjuster’s opinion dictate your financial future.
If you’ve been injured in an accident and the insurance company is trying to blame you, call us for a free consultation.
Frequently Asked Questions
What if more than one other driver was at fault for the accident?
Colorado law has a provision for this called “pro-rata liability.” This means that if multiple parties are found to be at fault, each party is only responsible for paying damages equivalent to their percentage of fault. For example, if one driver is 70% at fault and another is 20% at fault (and you are 10% at fault), you would pursue 70% of your damages from the first driver and 20% from the second.
What kind of evidence is used to determine the percentage of fault?
The percentage of fault is determined using all available evidence from the accident. This can include the official police report, photos and videos from the scene, witness statements, traffic camera footage, and analysis from accident reconstruction experts. This is why gathering as much evidence as possible immediately after a crash is so critical.
Does comparative fault apply if I was just a passenger?
Generally, a passenger is considered to have 0% fault in an accident, as they have no control over either vehicle. As an injured passenger, you would typically be able to file a claim against the insurance policies of all at-fault drivers involved in the crash without your settlement being reduced.
Can I still get my medical bills paid if I am found partially at fault?
Yes. Your own auto insurance policy’s Medical Payments (MedPay) coverage, if you have it, will pay for your initial medical bills regardless of who was at fault for the accident. The comparative fault calculation applies to the settlement you seek from the other driver’s insurance for damages beyond what your own MedPay covers.
If I apologize at the scene, can that be used to assign me fault?
Yes, it absolutely can. Saying “I’m sorry” or admitting any level of blame at the accident scene can be interpreted as an admission of fault. An insurance adjuster will use this against you to increase your percentage of liability. It is crucial to be polite and exchange information but avoid discussing how the accident happened or apologizing.
