In this case, you can still file a claim. You can file a lawsuit for damages as long as you are less than 50% responsible for an accident, but for all other cases, you are only entitled to compensation in proportion to the percentage that you were not responsible for the accident. For example, if it is determined that you were 30% responsible for an accident and you suffered damages worth $10,000, you will only be entitled to $7,000 in compensation, which is proportionate to 70% of the damages that you did not cause.