“Comparative Fault” as a Weapon: How Adjusters Shift Blame to Reduce Pasadena Injury Payouts
After a Pasadena car crash, injury victims often assume that the process will be fairly simple. Figure out who caused the crash, determine how much it will cost, and secure payment. But under California law, liability isn’t all-or-nothing. Insurance companies may use California’s approach to comparative fault as a negotiation weapon, which makes it even more important to have a car accident lawyer in Pasadena advocating for you.
When it comes time to choose a car accident law firm, the team at DeWitt Algorri & Algorri, LLP has demonstrated their commitment to fighting for their clients time and time again. Our team has millions of dollars in negotiated settlements and jury awards to their name. Attorney Patrick Nolan has extensive trial experience, including multiple multi-million dollar verdicts. No matter how your accident happened, our team of California car accident attorneys is here to help you through the legal process. Call us at 855-WINNING (946-6464) to set up a consultation now.
What is Comparative Fault in California?
California is a pure comparative negligence state. If an injured person is partially responsible for the accident in which they were injured, they can still recover compensation. However, what they recover is reduced proportionate to their share of liability. In some states, victims cannot recover anything if they share some of the blame; in others, victims can only recover their losses if they are less than 50% at fault.
Let’s look at how this works in practice. Someone is injured in a car accident and incurs $100,000 of damages. However, the court finds that they were 30% at fault and the other driver was 70% at fault. Instead of receiving $100,000, they would receive $70,000. Even if the victim is mostly to blame for the accident, they can pursue compensation. Consider a tractor-trailer collision that leaves someone with $300,000 in losses. The court determines that they were 80% to blame.They would still be able to recover $60,000.
Why Comparative Fault is Powerful for Insurance Companies
Comparative fault is a useful tool for insurance companies because it can directly reduce payout amounts. Injured individuals often talk to insurance companies before connecting with a car accident attorney, which means that they may say things that harm their case or give the insurance company leverage. Additionally, this gap gives the insurance company time to convince the injured party that they are partially to blame and should accept a minimal payout as a result.
Insurance adjusters are trained to look for ways to introduce partial blame—even in cases that seem open-and-shut, like a standard rear-end collision.
Tactics Used by Insurance Companies
In Pasadena’s busy corridors, there’s no shortage of accidents. Insurance adjusters will try a variety of different angles to skew a case in their favor:
- Allege speeding: Speeding is a chronic issue on Pasadena’s roads, and insurance adjusters know that. If they can claim that you were driving above the speed limit or “too fast for conditions,” they may be able to decrease what they offer you.
- Claim distractions: Insurance adjusters may suggest that injured drivers were distracted at the time of the crash. They may even make these allegations without any evidence. Often, requesting phone records or creating doubt about a driver’s attentiveness is enough to make them doubt themselves. This may put them in a position to accept a lowball offer.
- Point to the victim’s failure to avoid the crash: Even if it’s very clear that their client caused the collision, the insurance company may try to claim that you could have avoided the accident if you had acted sooner, anticipated their client’s mistake, or otherwise have been a more defensive driver.
- Blame pre-existing injuries: If insurance companies can dig up information on a pre-existing injury, they’re often quick to pin your current injury on that.
Pasadena cases are particularly vulnerable to this. The city is in the midst of overhauling its roads with a Local Roadway Safety Action Plan, due to a very small percentage of roads causing the majority of collisions. If there’s anywhere else they can point a finger, insurance companies will jump on the opportunity.
Learn More About Your Legal Options With DeWitt Algorri & Algorri, LLP Car Accident Attorneys
If you’ve been injured in a collision, don’t wait any longer to talk to a car accident lawyer. Let’s discuss your next steps. Call our car accident law firm at 855-WINNING (946-6464) or reach out online to set up a time now.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
