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Calculator · when fault is disputedComparative fault calculatorHow your share of fault changes the number.

Enter your own damages figure, the bills and wages you have added up, and the percentage of fault the insurer says is yours. The calculator applies California's pure comparative fault rule and shows what remains. It does not estimate what a case is worth, and a percentage assigned before anyone has seen the evidence is a negotiating number.

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Your own figure: the medical bills, the lost wages, and the other losses you have added up. This calculator does not estimate what a case is worth.

The share the insurer says is yours. Zero if it is not blaming you at all.

What remains after your share$0.00

Enter your damages figure and the fault percentage to see the reduced number.

California is a pure comparative fault state. Your recovery is reduced by your share and never barred, at any percentage, under Civil Code 1714 and Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A fault percentage assigned before anyone has seen the evidence is a negotiating number, not a finding.

Text me my comparative fault figures

One text with the PDF link, from Wise Law. Message and data rates may apply. Reply STOP to end. Contacting us does not create an attorney-client relationship, which is formed only by a signed written fee agreement.

No percentage bars your claim

California is a pure comparative fault state. Under Civil Code 1714 and Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a recovery is reduced by the injured person's share of fault and is never barred by it, at any percentage. An adjuster who says you get nothing because you were partly at fault is describing a rule California does not have.

General information, not legal advice. The fault share in a real case is set by the evidence, by negotiation, or by a jury under CACI No. 405, not by the first letter from an insurer. Contacting us does not create an attorney-client relationship, which is formed only by a signed written fee agreement.

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This page is general information, not legal advice for your situation. Submitting this form does not create an attorney-client relationship. An attorney-client relationship is formed only by a signed written fee agreement.

Questions about this calculator

Can I still recover if the accident was partly my fault in California?
Yes. California follows pure comparative fault under Civil Code 1714 and Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Your recovery is reduced by your percentage of fault and is never barred by it. At 30 percent fault you recover 70 percent of your damages, and at 90 percent you still recover 10 percent.
Who decides what percentage of fault is mine?
Until a case is tried, nobody with authority. The adjuster's percentage is an opening position built from the police report and the statements it has, and it moves with the evidence: the photos, the video, the witnesses, and the reconstruction. If the case goes to trial, a jury sets it under CACI No. 405.
Does comparative fault apply if I was not wearing a seat belt?
It can. An insurer may argue that not wearing a seat belt made the injuries worse and assign a share of fault for that, but under CACI No. 712 it has to prove the belt would have prevented the injury. The seat belt argument goes to how much of the injury the crash caused, if proved; it does not decide who caused the crash.
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