The answer to this question is yes. Even though you are partly at fault in the car accident, you may still be able to file an insurance claim.
In most states, the insurance companies will decide the liability of each driver and will then seek a counterclaim from the other company to cover the rest of the insurance claim. The insurance companies will have the last word in figuring out who is at fault regardless what the police report may say.
These are the things that you should keep in mind in the event of a car accident. Let us hope that you will not need this in the days ahead, even years:
• Make sure to collect evidence from the accident – (1) did the other driver violated any traffic laws or take note of any traffic citations? Call the police; (2) is there any evidence present relevant to the accident? You may want to take photos, a statement from witnesses, police reports, video cameras, and take note of the physical evidence from the accident; (3) is the accident the result of a rear-end collision or a left-hand turn? Ensure you consider the full situation to determine who’s at fault; (4) were you able to record comments made by the drivers after the incident? (5) Are there any witnesses about how it all occurred? I cannot stress enough how important witnesses information in the event of a car accident; (6) is the driver negligent before the accident? Assess whether the other driver was being irresponsible or negligent.
• Apply these evidence to establish who is at fault – (1) Find out if you live in a no-fault auto insurance state; (2) See if you live in a pure contributory negligence state; (3) Investigate if your state has pure comparative fault statutes; (4) Determine whether your state accepts proportional comparative fault at 51%, and; (5) Ascertain whether your state adopts proportional comparative fault at 50%.