What if you were partly at fault for the accident?
Last checked November 8, 2026
Being partly at fault for an accident does not always end your claim, but the result depends on your state. In Arizona, your damages are reduced by your share of fault.1 In Texas and Florida, more than 50% bars recovery.23 A few places still bar you if you were at fault at all.4
What happens if you are partly at fault in a car accident?
Most crashes are not all one driver's fault. An insurer may say both drivers were at fault and want you to pay some of your costs.5 What that means for your money depends on which rule your state follows. There are three main types.
| Type of rule | What it means | Examples |
|---|---|---|
| Pure comparative fault | You can recover even with a large share of fault. Your money is reduced by your share. | Arizona: the claim is not barred and damages are reduced in proportion to your fault.1 |
| Modified comparative fault | You can recover up to a set limit. Above that limit, you get nothing. | Texas: not if your share is greater than 50%.2 Florida: not if you are greater than 50% at fault in a negligence action.3 Illinois: you are not barred at 50% or less.6 Nevada: not if your negligence is greater than the other side's.7 |
| Contributory negligence | If you were even a little at fault, you can be barred from recovering. | A 2013 Maryland legislative report named Alabama, Maryland, North Carolina, Virginia and the District of Columbia.4 |
These are examples only. Your state's rule may be different or may have changed, and there can be exceptions. Check it before you rely on it.
How is a partly at fault claim figured? An example
EXAMPLE ONLY. These numbers are made up to show the math. They do not predict any result.
| If damages are $10,000 and you are... | Pure comparative | Modified (over 50% bars) | Contributory |
|---|---|---|---|
| 0% at fault | $10,000 | $10,000 | $10,000 |
| 20% at fault | $8,000 | $8,000 | $0 |
| 50% at fault | $5,000 | $5,000 | $0 |
| 60% at fault | $4,000 | $0 | $0 |
Utah's insurance department explains how this shows up in practice. A settlement can be reduced by your percentage of fault,8 and the other driver's insurer might offer to pay only 80% of your damages.9
Who decides who is at fault?
At first, the insurance adjuster does. The adjuster looks at the police report, the photos, statements and the damage. That is only an opinion. Only a judge or jury can ultimately decide who was at fault or how much another person owes you.10
A percentage is often the start of a negotiation. You can push back with evidence. You can also ask how the insurer got its number, and ask for the reason in writing.11
What to do if the insurer says you were at fault
- Ask for the percentage and the reason in writing.
- Get the police report and check it for errors.
- Gather photos, dash cam video and any nearby business cameras before the video is erased.
- Find witnesses and write down what they saw.
- Check the damage. Where the cars were hit can show how the crash happened.
- Do not agree to a fault percentage on the phone. Say you will review it.
- Write back with your evidence, and keep copies.
Who is at fault when rear-ended, turning left or in a parking lot?
There is no single answer, even though adjusters often start from a common assumption. A driver who rear-ends another car is often blamed, but sudden stops or broken brake lights can change that. A driver turning left is often blamed too, but a speeding driver may share the fault. Parking lots are harder because there are fewer traffic rules and sometimes no police report. Facts decide these cases, and state law matters.
What to do after a car accident that is your fault
Get care, report the crash and tell your insurer right away. Do not sign a statement about fault or promise to pay at the scene.12 You may think you caused the crash and later learn the other driver was speeding or on the phone. Tell the truth about what you saw and did, but leave the legal conclusion for later.
If you are hurt, you may still have a claim in many states, and your own policy may cover some of your bills. In a no-fault state, you may get benefits from your own insurer whoever was at fault,13 though how that works varies by state.
Questions
Can I still get paid if I was partly at fault?
In many states, yes. In Arizona your damages are reduced by your share.1 A few places can bar you entirely.4
What if I was 51% at fault?
In Texas you may not recover if your share is greater than 50%.2 Other states differ.
Does the insurance company decide fault?
It makes its own call, but only a judge or jury can ultimately decide.10
Should I admit fault at the scene?
Do not sign anything about fault or promise to pay.12 State the facts of what happened.
Find out if you are owed money.
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See if I’m owed moneyKeep reading
Guides
- Pain that shows up days after a crash: when to get checked
- Hit by a driver with no insurance: what you can do
- How long does a car accident settlement take?
- How contingency fees work and what you take home
- How much is my injury claim worth? The factors that decide it
- How to get a police report for a car accident, and what to do if it is wrong or missing
Accidents
Sources
- A.R.S. § 12-2505, checked 2026-11-08. “If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any.”
- Tex. Civ. Prac. & Rem. Code ch. 33, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
- Fla. Stat. § 768.81, checked 2026-11-08. “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.”
- Maryland Department of Legislative Services (2013), checked 2026-11-08. “Currently, contributory negligence is the law in only five U.S. jurisdictions – Alabama, Maryland, North Carolina, Virginia, and the District of Columbia.”
- Texas Department of Insurance, checked 2026-11-08. “Say both drivers were at fault and want you to pay some of your costs.”
- 735 ILCS 5/2-1116, checked 2026-11-08. “The plaintiff shall not be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50% of the proximate cause of the injury or damage for which recovery is sought”
- NRS § 41.141, checked 2026-11-08. “The plaintiff may not recover if the plaintiffs comparative negligence or that of the plaintiffs decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants.”
- Utah Insurance Department, checked 2026-11-08. “The settlement can then be reduced by your percentage of fault.”
- Utah Insurance Department, checked 2026-11-08. “However, the other driver’s insurance company might only offer to pay for 80% of your damages.”
- Utah Insurance Department, checked 2026-11-08. “Only a judge or jury can ultimately decide who was at fault in an accident or how much another person owes you for your damages.”
- Texas Department of Insurance, checked 2026-11-08. “If the other insurance says they won’t pay you, ask for their reason in detail and in writing.”
- California Department of Insurance, checked 2026-11-08. “Do not sign statements regarding fault or promise to pay for the other parties damages.”
- NAIC, checked 2026-11-08. “meaning there is no need to determine who is at fault to receive payment for injury claims”