Setareh Law
July 3, 2026
After a car accident, disputes over fault are among the most complicated situations an injured person can face. When both drivers insist the other was responsible, it can stall a claim for weeks or months, leaving victims without the financial support they need to cover medical costs, lost wages, vehicle repairs, and other expenses. This type of dispute is far more common than many people realize, and the outcome is rarely decided by a single piece of evidence or one person’s account alone. Understanding how California law handles these disagreements is essential before you accept any settlement or take any action.
At Setareh Law, we regularly represent clients in these exact situations. Whether the collision involved a rear-end impact, an intersection crash, or a lane change gone wrong, disputed fault is something we have managed across hundreds of car accident claims throughout California. With 60 years of combined experience and over $250 million recovered for our clients, we know what it takes to build a strong case even when both parties are pointing fingers.
California’s Pure Comparative Negligence Rule
California follows a legal doctrine known as pure comparative negligence, which means that being partially at fault for a crash does not automatically eliminate your right to compensation. Under this rule, your total damages are reduced by your percentage of responsibility. For example, if a court determines you were 30% at fault for an accident that resulted in $100,000 in damages, you would still be eligible to recover $70,000. This is one of the most plaintiff-friendly standards in the country, and it distinguishes California from states where being even slightly more at fault than the other party can completely bar recovery.
This rule directly governs situations where both drivers share blame. Neither party is locked out of pursuing a claim simply because the other side says they caused the crash. What ultimately matters is the percentage of fault assigned to each driver, and that percentage is determined by the evidence.
How Fault Gets Determined
When both drivers dispute liability, insurance adjusters, attorneys, and potentially a jury will examine a range of evidence to assign fault percentages. Factors such as distracted driving, traffic violations, road conditions, and driver behavior in the moments leading up to the crash all come into consideration. The following types of evidence are typically the most influential:
- Police reports and any citations issued at the scene
- Statements from witnesses who observed the collision
- Traffic camera or dashcam footage from either vehicle
- Physical damage patterns on both vehicles
- Cell phone records or black box data from the vehicles involved
Gathering and preserving this evidence as quickly as possible is critical, since surveillance footage can be overwritten and witness accounts can become less reliable over time. An experienced attorney can help you identify and secure this evidence before it disappears.
What Happens With Insurance Companies?
Insurance adjusters from both sides will conduct independent investigations, and they frequently reach very different conclusions about who bears responsibility. Since California’s fault-based insurance system ties financial liability directly to each party’s percentage of blame, adjusters have strong incentives to shift as much responsibility as possible to the other driver. According to data published by the California Office of Traffic Safety, California recorded over 4,000 traffic fatalities in 2023 alone, with tens of thousands more crashes resulting in serious injuries throughout the state.
When injuries involve a brain injury, spinal cord damage, or long-term disability, the financial stakes of how fault is assigned rise considerably. Medical bills, future care costs, and lost earning potential all factor into the full value of a claim. Accepting a reduced settlement without legal guidance may mean walking away with far less than what you are owed.
Contact Setareh Law
When fault is disputed, the outcome of your personal injury case depends on the strength of your evidence, your attorney’s knowledge of California’s comparative negligence laws, and the ability to push back against unfair fault assignments made by the opposing insurer. Insurance companies have teams of adjusters and attorneys working to protect their bottom line, which is why having experienced legal representation of your own matters from the very start.
Setareh Law handles all cases on a contingency fee basis, meaning there are no upfront costs to you. We offer free consultations and home visits for clients who can’t travel, offer availability around the clock at eight office locations across California, and speak Spanish. If the fault is being disputed after your accident, contact us to speak with an experienced car accident attorney who will fight to protect what you deserve.
