What Does It Mean When an Insurance Company Says You Were “Partially at Fault?”

After a wreck, you might think the facts are clear. But then the insurance company tells you they’re placing partial fault or a percentage of fault on you. That can be frustrating—and confusing. So, what does that actually mean in Louisiana?

Louisiana Is a Comparative Fault State

In Louisiana, we follow a system called comparative fault. That means fault can be split between drivers. So, instead of one person being 100% at fault, the insurance company might say you were, for example, 30% at fault—and reduce your payout by that percentage.

Here’s a simple example: If your total damages are $10,000 and the insurance company says you were 30% at fault, they may only offer you $7,000.

This Is NOT the Same as Contributory Negligence

Some states still follow something called contributory negligence, where if you’re even 1% at fault, you may be completely barred from recovering anything. Thankfully, Louisiana is NOT one of those states.

Even if you’re found partially at fault, you can still recover compensation—you just need to be ready to challenge how much fault they’re trying to pin on you.

Why Do Insurance Companies Try to Assign Partial Fault?

Let’s be honest: it saves them money.  If they can convince you to accept a portion of the blame, even when it’s not fair, they can reduce what they owe. Sometimes, they do this based on small details that may not even be legally significant—like saying you were “driving too fast for conditions,” even if you had the right of way.

We’ve seen this tactic used in:

• Rear-end collisions
• Intersection crashes with disputed light timing
• Wrecks involving merging or lane changes

Don’t Let Them Put Blame Where It Doesn’t Belong

If you get a call saying you’re “partially at fault,” it’s time to talk to someone who knows the law—and how to push back. We review accident reports, footage, and witness statements to make sure fault is assigned fairly—not just conveniently for the insurance company.

Have You Been In A Car Wreck and Worried About Being Unfairly Blamed?

If you’ve been in a wreck and worried about being unfairly blamed for the car wreck, contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today.

Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.