Is it Worth Filing a Claim if I was Partially at Fault in a Car Accident?

If you were in a car accident and found to be partially responsible, you might think that you can't file a car accident claim. This, however, isn't true. It can be worth it to file a claim in many cases.

Iowa is a comparative negligence state. This means that injured victims can recover compensation from the other driver's insurance company as long as they aren't more than 50% responsible for the accident.

For those in Des Moines who have gotten into an auto accident, understanding how partial fault can impact compensation can make a huge difference between getting fair compensation and getting nothing.

Is it worth filing a claim if I was partially at fault? It might be.

Working with a car accident attorney from Tom Fowler Law is the best way to pursue justice, even if you may have been partially at fault. They can help determine Is it worth getting a second medical opinion after a car accident?

Iowa is a Comparative Negligence State - What Does This Mean?

Iowa follows a modified comparative negligence rule. This means that fault is divided between everyone involved in a car accident. This means that even if you are partially at fault, as long as its 50% or less, you can still get compensation.

For instance, if you were found to be 30% at fault in an accident, and you were awarded $100,000 from the at fault driver's insurance company, you can actually collect $70,000. However, if you were found to be 55% at fault, you could not recover compensation from the other party's insurance company.

Why Filing a Claim Still Matters When Partially at Fault

Many drivers make the mistake of not going after claim compensation after determining fault in an accident. However, filing a claim can still be worthwhile, especially when you work with a vehicle accident lawyer in Des Moines.

1. Fault Is Often Misunderstood

If an accident occurred, initial blame can often be misleading. Police reports, insurance adjusters, and witnesses at the accident scene may misinterpret what happened. However, an experienced attorney can look into the accident, review evidence, and uncover other facts.

2. Evidence Can Shift the Outcome

How is fault determined? Oftentimes, accident reconstruction experts, traffic camera footage, or witness testimony can greater clarify what really happened. Filing a claim ensures that the details are reviewed before fault is determined...and you can always dispute fault if you have more evidence.

3. Medical Bills and Damages Add Up

Even partial compensation can make a big difference. Car accident often results in a lot of bills. When it comes time to recover damages, even partial damages can help.

4. Insurance Adjusters May Exploit Uncertainty

Finally, insurance companies often try to convince a victim not to file if they admit any type of fault...even partial fault. The goal here is to minimize payouts, not offer a fair settlement when you seek compensation.

Common Scenarios Where Fault Is Shared in an Auto Accident

A car accident is often complicated, and some of the most common scenarios where fault is shared by every driver involved include:

• Rear-end collisions: The trailing driver is usually blamed, but the lead driver may share fault if they stopped abruptly without warning or had broken brake lights.

• Intersection accidents: Both drivers may have contributed by misjudging lights, signals, or right-of-way.

• Lane change crashes: One driver may have failed to signal, while the other was speeding or in the driver’s blind spot.

• Bad weather collisions: Poor visibility or slippery roads complicate fault determination. A cautious driver may still bear partial fault if they were driving too fast for conditions.

Every case is different, which is why its important to have a lawyer by your side to review police reports, look at vehicle data, and identify evidence that may prove liability.

How Insurance Handles Partial Fault in Iowa

Following an accident, every party involved will have to work with insurance companies to determine how the accident happened and if the other driver's actions caused the accident...or if both drivers played a role.

Keep in mind that insurance companies often favor their own policyholders, or they use shared fault to justify a low settlement.

This is where having Tom Fowler Law on your side can make a crucial difference. The firm challenges unfair determinations, negotiates with adjusters, and presents evidence to ensure the client’s share of fault is accurate and fair.

What Compensation May Still Be Recovered

Even when partially at fault, an injured person in Iowa may still recover compensation for:

• Medical expenses (emergency treatment, hospital stays, rehabilitation)

• Property damage (vehicle repair or replacement)

• Lost wages and reduced earning capacity

• Pain and suffering and emotional distress

• Future medical care or therapy needs

The key is proving the extent of losses and showing how the other driver’s negligence played a significant role.

Steps to Take If Partially at Fault for an Accident

Taking the right steps after an accident is crucial — especially when there’s a chance of shared responsibility.

1. Report the accident immediately and cooperate with law enforcement.

2. Avoid admitting fault at the scene — statements can be used against a driver later to prove fault.

3. Gather evidence such as photos, videos, violation of traffic laws, and witness information.

4. Seek medical care right away to document injuries.

5. Notify the insurance company, but keep statements brief.

6. Contact a personal injury lawyer before signing any documents or accepting a settlement.

By working with an attorney like Tom Fowler Law, victims can ensure that their version of events is heard, evidence is properly presented, and settlements reflect true liability.

How Tom Fowler Law Helps Clients with a Partial Fault Car Accident Claim

The legal team at Tom Fowler Law in Des Moines has extensive experience handling complex cases involving shared liability. Their approach focuses on reducing the client’s fault percentage and maximizing recovery.

They provide:

• Thorough investigations using accident reconstruction experts and witness statements.

• Negotiation with insurance companies to challenge inflated fault claims.

• Accurate damage calculations to ensure full compensation for medical and financial losses.

• Litigation representation, if necessary, to fight for fair outcomes in court.

Their goal is simple: to help clients recover as much as possible — even when the odds seem stacked against them.

Don't Admit Fault - Reach Out to a Car Accident Attorney

Being partially at fault doesn’t mean losing the right to compensation. Under Iowa law, victims can still recover significant damages if their responsibility is 50% or less.

Filing a claim allows the legal system — not just an insurance company — to determine what’s fair. With experienced legal representation from Tom Fowler Law, accident victims in Des Moines can navigate Iowa’s comparative fault system, protect their rights, and recover the financial relief they deserve.

In the end, filing a claim is almost always worth it — because the cost of doing nothing can be far greater.

Reach out to Tom Fowler Law, today, for a free consultation.