In this video, Sevenish Law answers the question: If the accident was partly my fault, can I file an insurance claim or sue the wrongdoer if I had to? Generally, yes, but the amount of money you can recover against the driver or other wrongdoer may be reduced. This is known as “Comparative Fault” and almost always applies to bicycle accidents for some reason. If your case goes to trial, a jury will determine what percentage of the accident was your fault (if any), and your recovery will be reduced accordingly. For example, although every case is different, if you were found to be 20% at fault for the accident, you will recover only 80% of the money you otherwise would have.