What Is an At-Fault Accident?

An at-fault accident is one caused by the negligence of a driver. Here's how insurance companies determine who is at fault.

Insurance after an at-fault accident

In most states, the at-fault driver must pay for the other person's injuries as well as any damage to their vehicle. This is covered by your liability insurance, which is required by all drivers in all states except Alaska, New Hampshire, and Virginia. Virginia waives the requirement for a $500 fee, and Alaska exempts certain drivers from the requirement. Meanwhile, in an at-fault accident, New Hampshire drivers must demonstrate their ability to pay for the other driver's property damage and injuries.

However, if you are at fault, liability coverage will not cover your medical bills. Instead, any injuries you sustain as a result of an at-fault accident will be covered by your health insurance or medical payments coverage.

If you have collision insurance, it will cover damage to your vehicle.

No-fault states

After an accident, twelve states do not assign blame. They instead require no-fault insurance.

No-fault insurance, also known as personal injury protection or PIP, pays for your medical bills, lost wages, and other expenses regardless of who is at fault in the accident. The driver who caused the accident, on the other hand, will be responsible for any damage to your vehicle.

How fault is determined after a crash

To determine how much a driver is at fault, an insurance adjuster will typically examine evidence such as police reports, vehicle damage, and even weather conditions. Both drivers are frequently held to some degree of responsibility.

Before reaching a settlement, auto insurers must consider negligence laws, which vary by state. These laws govern whether or not you can seek compensation from another driver following an accident and how much you can ask for. Among the various negligence laws are:

  • Contributory: You cannot seek compensation from another driver if you are responsible for an accident, even if you are only 1% at fault.
  • Pure comparative: If you were at fault, you can seek restitution, but the amount will be determined by your level of responsibility. For example, if you were 30% at fault in a crash, you can only receive payment for 70% of your vehicle repairs or medical bills.
  • Modified comparative: You can seek compensation if you were not at fault for more than 50% or 51% of the accident, depending on the state. For example, if you were 60% to blame for a car accident, you would be unable to seek compensation from the other driver.
  • Slight/gross comparative: You may be able to seek compensation if your negligence was "slight" and the other driver's was "gross." There is no universal definition of what constitutes a minor or major offence.

Negligence law

States 

Contributory

AL, MD, NC, VA, DC.

Pure comparative

AK, AZ, CA, FL, KY, LA, MS, MO, NM, NY, RI, WA.

Modified comparative, 50%

AR, CO, GA, ID, KS, ME, NE, ND, TN, UT.

Modified comparative, 51%

CT, DE, HI, IL, IN, IA, MA, MI, MN, MT, NV, NH, NJ, OH, OK, OR, PA, SC, TX, VT, WV, WI, WY.

Slight/gross comparative

SD.

 

Key takeaways

  • In most states, liability insurance pays for the other driver's injuries and vehicle damage if you cause a collision.
  • No-fault insurance is required in twelve states, and it pays for your medical expenses after an accident regardless of who is at fault.
  • Negligence laws differ from state to state and govern how a driver can seek compensation for medical expenses and car repairs.

An at-fault accident is one caused by the negligence of a driver. Negligence is defined as failing to take reasonable precautions to avoid causing harm to another person. This could indicate that you failed to do something, such as stop at a red light, or that you acted carelessly, such as driving while fatigued.

Other examples of road negligence include:

  • Driving under the influence of drugs or alcohol.
  • Speeding.
  • Texting and driving.