What to do if I was in an auto accident and the police report deemed the other party at fault but I was charged with a DUI at the scene?

now the other parties insurance wants to only pay for 50% of my damage. Should I fight it?

Asked on November 7, 2012 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

CA has comparative negligence which means that both the plaintiff and defendant may both be at fault and therefore the percentage of fault of a party will determine how much that party can recover.

Although the other driver was at fault in the accident, the insurance company is claiming that since you were charged with DUI, that was also a cause of the accident.

You can challenge this by rejecting the settlement offer from the insurance company and suing the at-fault driver/registered owner of the vehicle (if the registered owner is someone other than the driver) for negligence. 

It is NOT possible to predict how a court will rule in this matter.  The court might find that you are less then 50% liable and the other party is more than 50% liable or it could find that you are more than 50% liable and the other party is less than 50% liable.

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