Told You're Partly at Fault in New Braunfels? Keep Reading
Being partly blamed for a New Braunfels crash usually reduces a claim's value, but it rarely wipes it out entirely.
If an insurance adjuster just told you that you're partly at fault for your New Braunfels crash, your stomach probably dropped. It can sound like the conversation is over before it started. It isn't.
Texas, like most states, uses a system called comparative fault. In plain terms, that means more than one person can share the blame for a wreck, and a percentage of fault can be assigned to each driver. Being 20% or even 40% at fault does not automatically kill your claim, it changes how the math works.
What comparative fault actually means
Comparative fault is a way of dividing responsibility for a crash between the people involved, instead of assuming only one driver caused it. An insurance company, and eventually a jury if the case goes that far, looks at everyone's actions and assigns a percentage of fault to each person.
That percentage matters because it directly affects the value of a claim. If you're found to share some of the blame, your recovery is typically reduced by your percentage of fault. It doesn't automatically mean you get nothing.
Why insurers bring up your fault percentage early
Adjusters know that fault percentage is one of the most effective tools they have to lower what they pay. If they can convince you that you were 30% or 50% responsible, they can argue for a smaller payout, or push you toward a quick, low settlement before you understand your options.
This is why fault percentages are often raised early in a claim, sometimes in the very first phone call. It's a negotiating position, not a final legal determination. You do not have to accept the number an adjuster gives you just because they said it with confidence.
There's usually a cutoff, not just a reduction
Texas law generally allows an injured person to recover damages as long as they are not found to be the majority of the fault for the crash. In other words, there's typically a threshold where being found too heavily at fault can bar recovery entirely, not just reduce it.
Where exactly that line falls, and how it's applied, involves specific legal rules that can shift depending on the facts of the crash. This is general information, not a determination of how any particular case will turn out. An attorney can look at the specifics of your situation and explain how the rule applies to what happened to you.
How fault percentages actually get decided
Fault isn't just declared by an insurance company and left at that. It's built from evidence: police reports, statements from the drivers and witnesses, traffic laws that may have been broken, vehicle damage patterns, and sometimes crash reconstruction analysis.
This means a fault percentage isn't fixed the moment it's first suggested. New evidence, a more complete version of events, or a closer look at traffic laws can shift the percentage significantly. What an adjuster says on day one is often based on a partial picture.
What partial fault does to your claim in practice
If a percentage of fault is assigned to you, it typically reduces your compensation proportionally rather than eliminating it. The specific math depends on how fault is allocated among everyone involved, including fault that might belong to the other driver, a third party, or even a road or vehicle defect.
This is exactly why it matters who is doing the calculating. An insurance company's own adjuster has a financial interest in pushing your share of fault as high as possible. Having someone look at the same facts on your behalf, without that same incentive, changes the conversation.
What to remember
- Being told you're 'partly at fault' does not automatically end your claim in Texas.
- Fault percentages usually reduce compensation, they don't automatically eliminate it, unless a fault threshold is crossed.
- Insurance adjusters often raise fault early because it's a negotiating tool, not a final ruling.
- Fault percentages are built from evidence and can change as more facts come in.
- Get a second, independent look at the fault percentage before accepting an insurer's number.
Common questions
If I was partly at fault, can I still file a claim in Texas?
Generally yes, as long as your share of the fault doesn't exceed the threshold Texas law sets for barring recovery. This is general information, and how it applies depends on your specific facts, so it's worth having a lawyer review the details.
Why did the insurance company say I was at fault so quickly?
Assigning you a share of fault early lowers what the insurer expects to pay, and it can pressure people into accepting a lower settlement before all the evidence is in. It's a negotiating position, not a final decision.
Can my fault percentage change later in the claim?
Yes. Fault percentages are based on evidence like witness statements, police reports, and traffic law violations, and that picture can become clearer or shift as more information is gathered.
This article is general information for the public, not legal advice, and reading it does not create an attorney-client relationship. Nothing here predicts an outcome or the value of any claim. Laws and filing deadlines differ by state and change over time — talk with a lawyer about your own situation. Attorney advertising.
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