Motor Accident Law

Can I claim compensation if the accident was partly my own fault?

Asked by Anonymous · Answered 19 Jan 2026

The Question
I was involved in an accident, but I acknowledge I may have been partly at fault too, along with the other driver. Can I still claim compensation?
Answer — MyLawIndia Legal Team

Yes, you can still claim compensation even if you were partly at fault — this is addressed through the principle of contributory negligence, where the tribunal assesses the relative degree of fault of each party and proportionately reduces the compensation awarded to reflect your own share of responsibility.

For example, if the tribunal finds you were 20% at fault and the other party 80% at fault, your compensation would typically be reduced by that 20% share, rather than your claim being rejected entirely simply because you bore some responsibility.

Establishing the actual percentage of fault usually depends on evidence like the police investigation report, eyewitness accounts, and the physical circumstances of the accident (such as traffic signals, road conditions, and vehicle positions). A motor accident lawyer can help present the strongest possible case regarding the actual apportionment of fault in your specific situation.

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