How is fault determined in a car accident?

When it comes to car accidents, determining who is at fault is just another way of saying who is responsible for the damage. 

An at-fault accident means a car accident that you caused — in other words, you weren’t just involved in the accident, it was determined to be your fault. A not-at-fault accident means a car accident that was determined to be someone else’s fault.

To determine who is at fault in a car accident, insurance companies will take your statement, along with the statement from the other driver and any other party involved. Insurance companies will also use other information to determine fault, like police reports, local traffic laws, and evidence from the scene of the accident, like recordings from video surveillance in the area or statements from any witnesses.

Ways to determine fault in a car accident

Car accidents can be chaotic and confusing, and it isn’t always immediately clear who was responsible. Remember that it’s not your job to determine who was at fault in an accident. You should exchange insurance information with any other drivers involved and let the insurance companies figure out who is responsible for paying whom.

Your car insurance company will determine fault by reviewing evidence and details from the accident, but that can mean a few different things. 

The drivers involved

Sometimes the drivers know who is at fault as soon as the accident happens, especially if one person was obviously in the wrong. If someone runs a red light or drives the wrong way down a one way road, it is pretty clear who is at fault for the accident. 

You should still work with your insurance companies instead of trying to resolve an accident yourselves, but if the description of the accident makes it clear that one person was at-fault, it will make it easy for the car insurance companies to figure out who to pay.

Photos from the accident

One of the reasons car insurance companies recommend you take pictures after an accident is because they play an important part in the claims process, including determining who is at fault for the damage. After an accident you’ll want to take pictures of your car, the other driver’s car, and anything else that might be important, like street signs or stop lights.

Police reports

Whenever you are in a car accident and need to file an insurance claim, it is important to call the police so they can file a police report. The car insurance company will use this report when processing your claim, including to determine who is at fault for the accident. 

Because this document is so important, you’ll want to go over everything with the officer and make sure all the information is correct, either over the phone when you call about the accident, or at the scene if an officer responds in person.

Witness statements

If there are witnesses, your car insurance company will want to speak with them. Try your best to get a name and phone number from anyone who might have seen what happened. You can also take a look around and see if there are other possible witnesses — check to see if there are businesses with security cameras, traffic cameras, or homes with security cameras that might have inadvertently recorded the accident.

The claims adjuster assigned to your case will talk to the people involved in the accident, as well as any witnesses, and compare them against the physical evidence from the accident. 

Once all the evidence is available, your insurance company will determine fault based on the laws in your state.

Determining fault in no-fault states and at-fault states

Determining fault in a car accident doesn’t just depend on the circumstances of the accident — it also depends on where you live. In some states, it’s as simple as the at-fault driver’s insurance paying the other party’s medical bills and repair costs. In other states, it’s a little more complicated. 

There basically are four ways determining fault can work depending on the state:

• At-fault state: The driver who caused the accident pays for the other driver’s injuries and property damage. In at-fault states, you can make an insurance claim through the at-fault driver's coverage to cover the cost of your medical bills and injuries.

• No-fault state: A no-fault state requires drivers to have a minimum amount of personal injury protection (PIP) coverage. No matter who was at fault, drivers in a no-fault state must file a claim with their own insurance company for the costs of their injuries after an accident.

• Choice no-fault state: Three states allow drivers to choose between no-fault insurance and at-fault insurance, also known as full-tort liability. In these states you can expand your right to sue for damages after an accident, but your auto insurance premiums will be more expensive if you choose a full-tort policy. 

• Add-on no-fault state: Ten states allow drivers to add PIP coverage to their car insurance, but it isn’t required. This is especially helpful for drivers who don’t have much health insurance or are concerned they won’t be able to afford medical care after a car accident. 

In at-fault states, both car insurance companies assess the situation and decide which driver is responsible for the accident. Once fault has been determined, that driver’s car insurance will pay for the damage. 

If both drivers are deemed partially at fault, who will pay what depends on state law; some states require the driver who holds the majority of the fault to pay for all damages, while other states say that if you are even 1% at fault for the accident you aren’t entitled to anything from the other driver. 

In no-fault states, each driver’s individual PIP coverage pays their own medical expenses (up to the limits of their coverage) even if both drivers are at fault, but some no-fault states let drivers who suffer severe injuries sue the other driver if they meet certain conditions. 

At-fault drivers are still expected to pay for property damage in no-fault states, so drivers should check their local laws to determine how much (if anything) they will be expected to pay if both drivers are at fault.

What happens if both drivers are at fault in an accident?

If both drivers are at fault for an accident, state law will help determine who is liable for the damage (meaning whose insurance has to pay). 

State negligence laws impact what happens if both drivers are at fault in an accident; some states say drivers with shared liability can’t hold one another responsible for damages, while other states allow you to pursue damages if you are less than 50% at fault.

Comparative negligence states

States with comparative negligence laws allow drivers to be compensated based on their degree of responsibility for an accident. For example, if you are in an accident where you are 45% at fault and the other driver is 55% at fault, the other driver’s insurance company would pay 55% of your accident-related costs and you would be responsible for the other 45%.

The following states have comparative negligence laws:

States with comparative negligence laws

• Alaska

• Arizona

• California

• Florida

• Kentucky

• Louisiana

• Mississippi

• Missouri

• New Mexico

• New York

• Rhode Island

• Washington

Modified comparative negligence states

States with modified comparative negligence laws don’t allow you to recoup expenses from the other driver if you were more than 50% at fault for the accident, which is a fancy way of saying you aren’t allowed to file a claim with the other driver’s insurance if the accident was mostly your fault. But if you were less than 50% at fault for the accident, you are allowed to file a claim against the other driver’s car insurance.

The following states have modified comparative negligence laws:

States with modified comparative negligence laws

• Arkansas

• Colorado

• Connecticut

• Delaware

• Georgia

• Hawaii

• Idaho

• Illinois

• Indiana

• Iowa

• Kansas

• Maine

• Massachusetts

• Michigan

• Minnesota

• Montana

• North Dakota

• Nebraska

• Nevada

• New Hampshire

• New Jersey

• Ohio

• Oklahoma

• Oregon

• Pennsylvania

• South Carolina

• Tennessee

• Texas

• Utah

• Vermont

• West Virginia

• Wisconsin

• Wyoming

Contributory negligence states

States with contributory negligence (also called pure negligence) laws don’t allow you to recoup accident-related expenses if you are in any way responsible for the accident. If it is determined that you are even 1% at fault for the accident, you aren’t entitled to any compensation from the other party’s insurance company.

The following states have contributory negligence laws:

Frequently Asked Questions

States with contributory negligence laws

• Alabama

• District of Columbia

• Maryland

• North Carolina

• South Dakota

• Virginia 

What happens when fault can’t be determined in a car accident?

Sometimes the car insurance company or companies can’t determine who was at fault in a car accident. When that happens, drivers can choose to go to arbitration, which allows a neutral arbiter to decide who was at fault instead of going to court.

The other option is to sue the other driver and seek compensation in small claims court. If you go to court, the judge and jury will be the ones who determine who was at fault.

Will an at-fault accident impact my insurance premiums?

Yes, an at-fault accident will probably cause your car insurance rates to go up, but not always. Some states have laws that prevent car insurance companies from raising your rates for an accident that is less than a certain dollar amount, and some insurance companies offer first accident forgiveness as an add-on you can pay for or as a free loyalty perk. 

If you have first accident forgiveness, you won’t see an increase in your rates for your first accident, even if you were at fault.

→ Learn more about accident forgiveness

Car insurance fault laws by state

The chart below shows how each state determines fault in a car accident:

State	Fault laws
Alaska	At-fault state
Alabama	At-fault state
Arkansas	Add-on no-fault insurance state
Arizona	At-fault state
California	At-fault state
Colorado	At-fault state
Connecticut	At-fault state
Delaware	Add-on no-fault insurance state
Florida	No-fault state
Georgia	At-fault state
Hawaii	No-fault state
Idaho	At-fault state
Iowa	At-fault state
Illinois	At-fault state
Indiana	At-fault state
Kansas	No-fault state
Kentucky	Choice no-fault state
Louisiana	At-fault state
Maine	At-fault state
Massachusetts	No-fault state
Maryland	Add-on no-fault insurance state
Michigan	No-fault state
Minnesota	No-fault state
Missouri	At-fault state
Mississippi	At-fault state
Montana	At-fault state
Nebraska	At-fault state
Nevada	At-fault state
New Hampshire	Add-on no-fault insurance state
New Mexico	At-fault state
New Jersey	Choice no-fault state
New York	No-fault state
North Carolina	At-fault state
North Dakota	No-fault state
Ohio	At-fault state
Oklahoma	At-fault state
Oregon	Add-on no-fault insurance state
Pennsylvania	Choice no-fault state
Rhode Island	At-fault state
South Carolina	At-fault state
South Dakota	Add-on no-fault insurance state
Tennessee	At-fault state
Texas	Add-on no-fault insurance state
Utah	No-fault state
Vermont	At-fault state
Virginia	Add-on no-fault insurance state
Washington	Add-on no-fault insurance state
Washington D.C.	At-fault state
Wisconsin	Add-on no-fault insurance state
West Virginia	At-fault state
Wyoming	At-fault state

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Frequently asked questions

Who usually decides who was at fault in a car crash?

Fault is usually determined by the claims adjuster working for the insurance company, but not always. For example, if you take the other driver to court over the accident, the judge and jury will determine who was at fault.

Can you tell how fast a car was going by the damage?

Yes, accident reconstruction experts can tell how fast you were going based on the physical evidence of the crash, such as how far debris ended up from the site of the accident. They can also use your car’s electronic data and any tracking software you might be using, like your insurance company’s safe driving app that tracks your speed while you drive.

Do insurance companies talk to each other?

Insurance companies don’t necessarily “talk” to one another, but they do share information. For example, insurance companies report claims information to the Comprehensive Loss Underwriting Exchange (CLUE), so every insurance company can access your claims history through your CLUE report.