When you file a diminished value (DV) claim after a car accident, you’re expecting compensation for your vehicle’s lost market value. But what happens if you were partly at fault for the accident? That’s where comparative negligence comes into play.
In this article, you’ll learn how comparative negligence works, how it affects your payout, and what evidence helps protect your claim. By the end, you’ll know how to navigate a DV claim even when fault is shared.
What Is Comparative Negligence?
Comparative negligence is a legal principle that assigns fault by percentage when more than one party is responsible for an accident. Instead of one person being fully liable, both drivers may share responsibility. Your compensation is then reduced by the percentage of fault assigned to you.
This doctrine is applied differently across states. Some allow claims regardless of how high your share of fault is, while others cap recovery once you hit 50% or more. Knowing your state’s specific rule is crucial, as it can determine whether your DV claim is even possible.
How Fault Percentages Impact Diminished Value Claims
If you’re partially responsible for the crash, you can still file a DV claim—but your payout might be reduced. The amount you receive depends on the degree of fault assigned to you by the insurer or court.
Can You File If You’re Partly At Fault?
Yes. In most states, you can still recover diminished value as long as you’re not 50% or more at fault. Some states even allow recovery at 99% fault (pure comparative negligence), although you’ll only be compensated for the small remaining percentage.
Proportional Reductions in Settlements
Here’s how it works:
- If your diminished value is estimated at $5,000
- And you’re found 30% at fault
- You’ll receive $3,500 (a 30% reduction)
This reduction reflects your degree of blame. The more at fault you are, the less you recover.
Examples of Fault-Based Claim Adjustments
Let’s say you were rear-ended but also had a broken brake light. The insurer may assign you 20% fault. That 20% will reduce whatever amount they approve for your diminished value. Similarly, if you made a risky lane change and someone sideswiped you, your fault may increase—further cutting your payout.
Types of Comparative Negligence
Each state treats shared fault differently. Knowing your state’s rule is key. These models of negligence shape how your claim will be processed and what you’re entitled to.
Pure Comparative Negligence
Even if you’re 90% at fault, you can recover 10% of your damages. States like California and New York follow this rule. While recovery is possible, the final amount might be too small to pursue without legal or financial justification.
Modified Comparative Negligence
You can recover damages if you’re less than or no more than 50% at fault, depending on the state. Texas and Georgia use this model. If you’re over the threshold, your claim will likely be denied, no matter the amount of damage.
Contributory Negligence (Harshest)
If you’re even 1% at fault, you get nothing. States like North Carolina and Maryland follow this strict rule. These states are the most challenging for claimants, and filing a DV claim here often requires rock-solid evidence proving the other party is fully at fault.
What Evidence Helps Prove or Reduce Fault?
To succeed in a DV claim, especially under shared fault, strong documentation helps protect your payout. Evidence doesn’t just support your claim—it also minimizes the fault percentage assigned to you.
Police Reports and Witness Statements
These are often the most persuasive evidence. They help establish what happened and who was at fault. A neutral third-party perspective can tip the scales in your favor during negotiations or litigation.
Repair Invoices and Vehicle Photos
Photos showing the impact location or extent of damage can support your claim and reduce exaggerated fault percentages. Repair invoices help justify the appraisal and reveal the type of repairs performed, which also factors into your DV estimate.
Expert Appraisal Reports
A professional diminished value appraisal gives your claim credibility. It shows actual loss backed by evidence, not guesswork. In comparative fault situations, a third-party expert can validate your numbers and strengthen your negotiation power.
How Insurance Companies Use Negligence Against You
Insurers may try to reduce your payout by inflating your share of fault. Understanding their tactics helps you stay ahead. Always be ready to counter with evidence and logic.
Common Tactics to Shift Blame
They might suggest you “could’ve avoided the crash” or highlight minor traffic infractions. Adjusters may also try to twist details from your statement to increase your fault. Always read claim documents carefully and avoid providing recorded statements without preparation.
The Importance of Legal Support in DV Cases
If the insurer is playing hardball, an attorney or claim expert can help. Especially in comparative fault states, you don’t want to navigate this alone. Professionals understand how to challenge unfair fault assessments and preserve your right to compensation.
Final Thoughts: Be Prepared, Be Protected
Comparative negligence doesn’t erase your right to a diminished value claim. But it does affect how much you’re owed. That’s why preparation is everything.
Here’s what to do:
- Know your state’s fault rule
- Document everything from day one
- Get a professional appraisal
- Don’t let partial fault silence your claim
You may not be 100% at fault—but your right to compensation still stands.
