California uses pure comparative fault. A jury can assign a percentage to the rider and still award the rest. Being partly wrong does not, by itself, end the claim. It reduces it.
How insurers use it
Speed a few miles over the limit, a lane split, dark gear, or a late brake become the entire story if nobody answers them. The answer is evidence: the sight line, the other driver’s turn, the throw of the bike, the gear you actually had on. Lane splitting is legal here. Legality is not the same as zero fault. It is also not an automatic loss.
Do not guess your percentage
Adjusters open with a number that assumes you will accept it. The percentage is a trial question until the facts are developed. Treating it as settled on the first call is how files get cheap.
Written for riders in California as general information from the Bike911 practice of A.G. Assanti & Associates, P.C. It is not advice about your facts, and it is not a substitute for counsel. Deadlines can be shorter than you think.
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- How does a lawyer decide what a case is worth?
- What evidence disappears quickly after an accident?
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- Can I still claim if I did not go to the hospital?
- When does an insurance company become unreasonable?
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- Is lane splitting legal, and does it sink a claim?
- Does California helmet law affect a claim?