Alberta · Personal Injury

Contributory Negligence Claims

Partly at fault? You may still be owed significant compensation.

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Partly at fault is not the same as no claim

Insurers love to argue you were partly to blame, because in Alberta that reduces what they pay by your share of fault. But partial fault does not end your claim. We push back on inflated blame and fight to keep your percentage of responsibility as low as possible.

Do not accept the insurer's version of who was at fault. Get a free, confidential review in Alberta, no fee unless we win.

Contributory Negligence Claims: common questions

The police didn't charge the other driver. Does that decide fault?
No. Traffic charges and civil fault are separate questions, and civil courts regularly apportion fault differently than any ticket suggests.
I wasn't wearing a seatbelt. How bad is that for my claim?
It can reduce recovery where the insurer proves a belt would have lessened your injuries, typically by a modest percentage. It does not bar your claim.
Both drivers blame each other and there are no witnesses.
Physical evidence speaks: vehicle damage patterns, final rest positions, road marks, and data recorders. Reconstruction experts resolve he-said-she-said collisions regularly.
Should I admit fault to be honest?
Never speculate about fault to an insurer, yours or theirs. You do not have the full picture at the scene, and apportionment is a legal conclusion. Describe facts; let fault be determined properly.

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