If you’ve been in a car accident and you’re filing a diminished value claim, your payout could take a major hit if you’re found partially at fault. That principle is called comparative negligence. It’s a legal doctrine that can reduce your compensation even if someone else caused most of the damage. In this article, you’ll learn how this concept works, how it affects your ability to claim diminished value, and what steps you can take to protect your payout.
What Is Comparative Negligence?
Comparative negligence is the legal term for shared fault in an accident. It means that if more than one party is responsible, compensation is divided based on each party’s percentage of fault.
Understanding Shared Fault in Accidents
In most states, fault isn’t black and white. You might be 20% responsible while the other driver is 80% responsible. That 20% can drastically affect your settlement.
Pure vs. Modified Comparative Negligence
There are two main systems:
- Pure comparative negligence allows you to recover damages even if you’re 99% at fault.
- Modified comparative negligence bars recovery if you’re 50% or more at fault (or 51%, depending on the state).
How Fault Percentage Impacts Your Compensation
If your diminished value claim is worth $5,000 and you’re 30% at fault, you’ll only be entitled to $3,500. That’s a significant cut.
Can You Still File a Diminished Value Claim if Partially at Fault?
Yes—but the amount you receive depends heavily on your level of fault and your state’s negligence rules.
State-by-State Differences
Some states are more generous than others. For instance:
- California uses pure comparative negligence.
- Texas uses modified comparative negligence with a 51% bar.
- North Carolina still follows a contributory negligence rule, meaning you get nothing if you’re even 1% at fault.
The Threshold for Recovery
Always verify your local laws before assuming you’re eligible. A small percentage of fault could void your claim depending on where you live.
How Comparative Negligence Affects Diminished Value Payouts
Even if you’re allowed to file a DV claim, your payout will be reduced proportionally.
Real-World Example of DV Reduction
Say your vehicle lost $4,000 in value due to an accident. You’re found 25% at fault. Your payout would be reduced by $1,000, leaving you with $3,000.
How Adjusters Calculate Fault and Value
Insurance adjusters use police reports, statements, and damage patterns to assign fault. They’ll also plug your car’s pre- and post-accident condition into valuation software like CCC One or Mitchell to estimate diminished value.
Sometimes they assign fault unfairly or undervalue your car. Knowing this process can help you push back.
Tips to Protect Your Diminished Value Claim Under Shared Fault
Being partially at fault doesn’t mean you should accept a low offer without a fight. Here’s how to strengthen your position:
Gather Strong Evidence of Damage and Value
Photographs, maintenance records, and professional appraisals can go a long way in supporting your claim.
Hire a Qualified Appraiser
An independent diminished value appraiser can often provide a more accurate valuation than what the insurer offers.
Communicate Carefully with the Insurance Adjuster
Avoid speculating, downplaying damage, or admitting fault. Stick to facts and written communication when possible.
When to Dispute Fault or Hire a Lawyer
If the insurer is pinning too much blame on you or offering a lowball payout, it might be time to escalate.
Signs You’re Being Blamed Unfairly
If the other party was clearly at fault but your percentage of negligence keeps rising without justification, challenge it.
How Legal Support Can Help in Negotiations
An attorney or claims expert can argue your case, negotiate better terms, and even represent you in small claims court if needed. It’s especially worthwhile in high-value claims.
Final Thoughts on DV Claims and Comparative Negligence
Comparative negligence can shrink your diminished value payout, but it doesn’t have to wipe it out. The key is knowing how your state handles fault and preparing your claim with strong, verifiable evidence. When you understand your rights, document your losses, and stand firm during negotiations, you put yourself in the best position to recover what you’re owed—even if you’re not completely blameless.
