How is fault determined in a car accident?

In most cases, insurance companies will determine who is at fault according to state laws where the incident occurred. And they’ll also review the facts relating to the accident to determine who was negligent. Fault may be assigned to one or more parties based on the degree of negligence and violation of state laws. And in many cases, responsibility for a collision is shared among the involved parties, with each assigned a percentage of fault according to state law.

Note that the word “negligence” itself can mean different things, depending on the state you’re in — we’ll explore that in detail below. Along with vehicle damage, factors like weather, physical evidence, and details from the police report play a key role in determining who is at fault in an accident.

So, what does an “at-fault accident” mean according to the law and how do insurance companies determine fault? Let’s dive in and clear up the confusion.

What is an at-fault accident?

An at-fault accident is a crash where you're found responsible for causing the accident. This means your insurance may have to pay for the other person’s injuries or property damage.

Your state’s insurance system determines how insurance companies handle these claims. Most states use a “tort” system, where the at-fault driver’s insurance pays for damages. In “no-fault” states, each driver’s own insurance covers their injuries, no matter who caused the accident.

Keep in mind, in tort states, the at-fault driver’s insurance usually pays for medical bills and property damage. However, personal injury protection (PIP) coverage does not cover property costs. Those are still the at-fault driver’s responsibility.

What is a no-fault accident?

States with no-fault insurance laws, require drivers to purchase car insurance with personal injury protection (PIP). PIP coverage helps pay for medical costs regardless of who is at fault in an accident.

In no-fault states, each driver’s own PIP coverage pays for their own medical expenses, regardless of who caused the accident. However, property damage claims are usually handled under the at-fault driver’s property damage liability coverage, even in no-fault states. Because PIP coverages vary by state, it’s key to check in with your American Family Insurance agent to understand your state’s coverage requirements.

If you’re the at-fault driver in a car accident

Your job at the scene of an accident is not to point fingers, accuse others of wrongdoing or admit fault. But once you know everyone is safe, you have some responsibilities and a role to play. So, what should you do after an accident?

Stay put

You might need to move your car out of an intersection or heavy traffic for safety, but don’t leave the scene. If you’re worried about an injury or someone else in the other vehicles involved, let the police come and handle it. And never pursue a vehicle that flees the scene of the accident — wait for the authorities to arrive and let them know what happened.

Contact the proper authorities

If you or others need medical attention, call 911 before doing anything else. Obtaining a police report can also help insurance companies determine fault after a car accident.

Gather evidence

It’s helpful if you can safely take photos of the accident as-is, before the cars are moved out of traffic. Begin documenting the car damage from the accident and any other facts. Gather license plate numbers, the time of day, traffic conditions, and any road hazards that might have impacted the accident.

If there are witnesses, try to get names and contact information. And, of course, you’ll want the other driver’s name and contact information along with their insurance information.

Avoid admitting fault after the accident

You might find it difficult, but try to avoid admitting fault. Don’t lie. Simply report the facts as you saw them without saying, “It’s my fault.”

The police and the insurance companies will come to their own conclusions about who is at fault based on the facts and reports from everyone involved and any witnesses. In complex cases, insurance companies may consult legal experts or additional resources to help determine fault. But for most claims, they rely on the facts, evidence, and reports collected.

Contact your insurance company

Let your insurance carrier know about the accident right away. Not only will your agent help you start processing your claim, but they can also help you understand your car insurance coverage and walk you through gathering evidence at the scene.

Tell them the basics about the accident, including the location, and then ask for the next steps. Ask how to start the process of filing a claim. You can begin the process through the MyAmFam app, or you can go online and use our report a claim form.

Does car insurance cover at-fault accidents?

The coverage you get when you’re making an at-fault car accident insurance claim depends on the type of car insurance you have. Let’s review the most common types of car insurance and how they'll affect outcomes. Keep in mind, car insurance requirements vary by state. So check with your agent to understand the at-fault laws where you live.

Collision

Whether it’s your fault or not, your optional collision insurance may help pay for damages to your vehicle after an accident. Typically, collision insurance has a deductible. When setting up your coverage, you'll pick the deductible amount that works for you and your budget. Usually the higher your deductible is, the lower your premiums are.

Bodily injury liability insurance

If you are found at fault for an accident, bodily injury liability coverage may help pay for injuries to other people involved in the accident, such as the driver and passengers of the other vehicle. This coverage can include medical expenses, pain and suffering, lost wages, legal fees, and funeral costs, subject to policy limits and state law.

Comprehensive

Comprehensive insurance is optional coverage that helps pay for damage to your vehicle from incidents other than collisions with another vehicle, such as hitting an animal, vandalism, theft, or weather-related damage. It does not cover damage resulting from a collision with another vehicle.

How do insurance companies determine fault in a car accident?

Before we decide how insurance determines fault, it’s key to look at how the state views it. In most states, insurance companies assign fault for an accident, even if both drivers share responsibility.

Some states have no-fault insurance laws. In these states, each person’s insurance company pays for their own medical expenses regardless of fault. However, even in no-fault states, insurance companies usually base property damage claims on who was at fault.

Your insurer will determine fault by reviewing the accident details. They’ll review site-specific details, including photos and other physical evidence of damage. Adjusters look at what everyone involved in the accident says and compare it to what any witnesses saw. They’ll also review the police report for details regarding the involved parties' negligent driving actions.

In states with no-fault insurance, insurance companies follow state laws to decide who was negligent. This matters because a state’s interpretation of negligence affects how insurance companies determine fault and pay claims. Often, both drivers share responsibility for a car accident.

When both drivers act negligently and cause an accident, insurance companies assign a percentage of fault to each person. For example, imagine Car A turns left at an intersection and hits Car B, which is coming from the other direction and speeding. In this case, Car A’s driver might be 70% at fault, while Car B’s driver is 30% at fault.

That shared degree of negligence can define terms for claim settlements and payouts made by insurance companies. Because states define negligence differently, it’s important to understand the terms they use and where these laws apply:

Pure negligence or contributory negligence

In some states, if you are even a little bit at fault for an accident, you might not be able to get any money from the other driver, no matter how small your mistake was.

States that use pure/contributory negligence

Alabama, Maryland, North Carolina, Virginia, and the District of Columbia.

Note: South Dakota uses a “slight/gross negligence” rule, which is different from pure contributory negligence.

Comparative negligence

States that use comparative negligence allow a weighted percentage of fault to be assigned to all parties involved in an accident when applicable. The degree of fault responsibility directly relates to the amount of compensation a given party will receive.

In the case above, Car A was found to be 70% negligent, which would result in Car A’s insurance company paying up to 70% of Car B’s repairs and medical costs.

States that use comparative negligence

Alaska, Arizona, California, Florida, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington.

Note: Some states, such as Kentucky, use modified comparative negligence rules, which are described in the next section.

Modified comparative negligence

In most states with modified comparative negligence, you can get money from the other driver after an accident only if you are less than 50% or 51% at fault, depending on the state’s rule. If you are more at fault than the allowed amount, you cannot recover any damages.

States that use modified comparative negligence

(50% or 51% Bar) examples include: Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and others.

Note: The specific threshold (50% or 51%) varies by state. North Dakota is a no-fault state and does not use modified comparative negligence for auto claims.

So now that we know there may be a different set of criteria in your state let’s look at how insurance companies typically determine fault in a car accident.

Police reports

The police report is considered a good, objective look at the accident. Police officers usually aren’t at the scene when the accident happens. But they know how to ask good questions, gather important details, and help people work together.

Evidence from the scene

If you gathered evidence, your insurance company is going to use this to help determine fault. They might also collect evidence from the other insurance company.

Witnesses

If any witnesses gave their names and contact information at the accident, your insurance company will contact them to get more details.

The environment

Your insurance company will carefully evaluate the accident location, the time of day and other factors. For example, your accident might have happened in a dangerous area, during bad weather, or because of construction or another crash nearby.

How to work with your insurance company after an accident

It can be difficult to prioritize your actions and figure out what to do after a car accident that’s not your fault. And even if you're found at fault, it’s best to keep things simple and focus on the details you’ll need to resolve your claim.

Report the facts

When reporting the accident to your insurance company, provide a clear and factual account of what happened from your perspective. Avoid making statements that assign blame or admit fault before all facts are reviewed, but always be truthful and thorough in your description.

Gather and submit evidence

If you took pictures and collected contact information from other drivers and/or witnesses, pull this data together. Your insurance agent will tell you how they want you to submit the data to determine who is at fault.

Share the police report

If the police came to the scene of the accident and made a report, let your agent know. Determine if they want you to get the report or if they will get it for you.

File the claim

Download the MyAmFam app and you can file a claim, track its status and quickly contact us whenever you need to.

When you get a chance to talk to your agent, later, ask them how to file a claim to help with repairs. Or simply go online and use our report a claim form.

Will being at fault affect my insurance premiums?

If you're at fault in a crash, your insurance rates will likely increase. The amount and timing depend on your insurer’s policies, your driving history, and the circumstances of the accident. Some insurers offer accident forgiveness, which may prevent your rates from rising after your first at-fault accident.

And if you have accident forgiveness on your policy, your rates may not go up directly as a result of your accident. If your premium does increase, your next step is to start fresh and reestablish your good driving record. One accident won’t affect your rates forever.

Accidents happen, and we’re here to help you through it. If you’d like more information on car insurance you can connect with your American Family Insurance agent. Be sure to check out our resources for car accidents hub for more helpful articles, as well as our auto insurance comparison guide, to discover what coverages work best for you.

This article is for informational purposes only and is based on information that is widely available. This information does not and is not intended to, constitute legal or financial advice. You should contact a professional for advice specific to your situation. We do not make any guarantees or promise any results based on this information.

This information represents only a brief description of coverages, is not part of your policy, and is not a promise or guarantee of coverage. If there is any conflict between this information and your policy, the provisions of the policy will prevail. Insurance policy terms and conditions may apply. Exclusions may apply to policies, endorsements, or riders. Coverage may vary by state and may be subject to change. Some products are not available in every state. Please read your policy and contact your agent for assistance.