If you share blame for a crash, your recovery may be reduced or, in a few states, barred. The rule depends on the state.
Pure comparative fault
You can recover even if mostly at fault, but your damages are reduced by your percentage. If you were 30 percent at fault and damages were $100,000, you could recover $70,000.
Modified comparative fault
You can recover only if your fault is below a threshold, usually 50 or 51 percent. At or above it you recover nothing.
Contributory negligence
A few jurisdictions, including Alabama, Maryland, North Carolina, Virginia and the District of Columbia, bar recovery if you are even slightly at fault, with exceptions.
What to do
- Do not admit fault.
- Collect evidence on the other driver's conduct.
- Ask for fault percentages in writing and challenge them.
- Consult a lawyer if fault is contested, since percentages drive the value.
- See our guide to what to do after a crash.
Frequently asked questions
Who decides fault percentages?
Insurers first, then a jury or judge if litigated.
Does my insurer's fault finding bind the other side?
Not necessarily.