When you are injured in a car accident, your first thought is likely to focus on recovery, not legal strategy. Unfortunately, while you are seeking medical treatment and trying to get back to everyday life, the insurance company involved is likely working on ways to minimize the amount it has to pay. One of the most common strategies is applying negligence-based liability to shift blame and reduce your potential compensation.
In this article, we will explain how liability based on negligence works, the tactics insurance companies use to apply it against you, and how a car accident attorney in Los Angeles can help you fight back. Whether you were in a minor fender bender or a significant collision, knowing your rights is the first step to protecting them.
What Is Negligence-Based Liability?
Negligence is a legal term used to describe carelessness or a failure to act with reasonable caution. In personal injury law, a party is considered negligent when they breach a duty of care and cause injury or damage.
Liability based on negligence means that the at-fault party in a car accident is held financially responsible for the harm caused by their careless behavior. This includes speeding, running a red light, texting while driving, or failing to yield.
California uses a fault-based system, which means whoever is found negligent in a crash is also liable for the resulting injuries and property damage. Insurance companies rely on this framework to evaluate claims, assign fault percentages, and determine how much to pay or avoid paying.
How Insurance Companies Use Negligence to Reduce or Deny Claims
Insurance companies are in the business of limiting their losses. One of the most effective tools they use is the legal doctrine of negligence-based liability. The idea is simple: if they can show that you were even partially at fault for the crash, they can reduce your compensation proportionally.
This tactic is compelling in California, which follows the doctrine of pure comparative negligence. Under this rule, each party’s level of fault is calculated as a percentage, and your share of the blame reduces your total compensation. For instance, if you are awarded $100,000 but found to be 25 percent at fault, you will only receive $75,000.
Insurance companies exploit this rule by:
- Taking recorded statements and highlighting anything that sounds like an admission of guilt.
- Using medical records to argue that your injuries are not severe or not accident-related.
- Claiming you delayed medical treatment as evidence that you were not truly hurt.
- Argue that your driving behavior contributed to the crash, even slightly.
These strategies are not just tactics. They are often part of a broader effort to limit or deny claims. Knowing how to counter these arguments is essential to protecting your rights.
Common Ways Insurers Argue You Were Negligent
Insurance adjusters are trained to look for ways to blame you, at least partly, for the accident. Below are several common arguments they use to establish liability based on negligence:
1. Failing to Wear a Seatbelt
If you were not wearing a seatbelt at the time of the crash, insurers may argue that your injuries were worse than they otherwise would have been. Even if the other driver was clearly at fault, they may reduce your compensation because you failed to mitigate your damages.
2. Driving Distracted
Using your phone, adjusting your GPS, eating, or even talking with passengers can be used against you. If the insurance company can show that you were not fully attentive, they will argue that you contributed to the accident.
3. Minor Traffic Violations
Insurers may use it to argue partial fault if you were speeding, failed to use a turn signal, or committed any other minor infraction. Even if these violations were not the primary cause of the crash, they can be used to reduce your payout.
4. Delay in Medical Treatment
If there was a gap between the accident and your first medical visit, the insurer might argue that your injuries are either not serious or unrelated to the crash. They often use this to cast doubt on the legitimacy of your claim.
5. Inconsistent Statements
Any inconsistency in your statements to the police, your doctors, or the insurance adjuster can be used to undermine your credibility. Always speak carefully and consult an attorney before discussing details with insurers.
California’s Comparative Negligence Rule
California’s comparative negligence law allows more than one person to be found partially responsible for an accident. This system is intended to be fair, but it also gives insurance companies wide latitude to manipulate percentages of fault.
Under this rule, even if you are found to be 99 percent at fault, you can still recover one percent of your damages. However, in practical terms, the higher your percentage of fault, the less your case is worth. This gives insurers a financial incentive to exaggerate your role in the accident.
This is why understanding negligence-based liability is so important. You need to be aware of how these percentages are determined and how they affect the total amount you may recover.
How a Lawyer Challenges Negligence-Based Liability
A skilled car accident attorney in Los Angeles understands how to challenge an insurance company’s narrative and protect your rights. Here’s how they help:
1. Evidence Gathering
Attorneys collect and preserve vital evidence that insurance adjusters may overlook or ignore. This includes police reports, medical records, photographs, surveillance footage, and witness statements.
2. Accident Reconstruction
In cases where fault is disputed, attorneys often work with accident reconstruction experts who can recreate the incident and provide testimony about how it occurred and who was likely at fault.
3. Insurance Communication
Your attorney will handle all interactions with the insurance company, ensuring that nothing you say is used against you. They know the strategies insurers use and can counter them effectively.
4. Negotiation and Litigation
If the insurance company insists on assigning you an unfair share of blame, your attorney can negotiate for a better outcome or take your case to court. The willingness to go to trial often forces insurers to offer fairer settlements.
Hiring an attorney is not just about legal advice. It is about someone who can level the playing field when the insurance company tries to shift liability onto you.
Do Not Let Insurance Companies Use Negligence Against You
Insurance companies quickly argue that you share fault for the crash but do not have to accept their version of events. The legal team at LA Injury Lawyers is experienced in countering negligence-based liability claims and fighting for maximum compensation.
We know their tactics. We know how to gather evidence. And we know how to win.
Recent Results:
- $11 Million Settlement – Brain injury victim
- $10 Million Settlement – Car accident victim
- $8.2 Million Settlement – Motorcycle accident victim
- $7 Million Settlement – Back injury victim
If you have been involved in an accident, do not wait for the insurance company to define your story. Take control by scheduling a free, confidential case evaluation with our firm.
Call Us – (818) 539-5390
Address – 6200 Canoga Ave Suite 310, Woodland Hills, CA 91367
EMail Us – in**@*************rs.com
Frequently Asked Questions (FAQs)
- What does liability based on negligence mean?
It means financial responsibility is assigned to someone who failed to act with reasonable care and caused an accident and injury. - Can an insurance company reduce my claim even if the other driver caused the accident?
Yes. They can reduce your compensation under California’s comparative negligence rule if they show that you were partially at fault. - Should I talk to the insurance company without a lawyer?
No. Insurance adjusters are trained to use your statements against you. Always consult with an attorney first. - How can a lawyer help reduce my percentage of fault?
A lawyer can gather evidence, challenge the insurance company’s findings, and work with experts to support your side of the story. - What if I am partially at fault? Can I still get compensation?
Yes. In California, you can still recover damages even if you are primarily at fault, although your award will be reduced accordingly.
