The following 38 states and Washington D.C. use the at-fault (tort) insurance system. In these states, the driver who causes an accident is financially responsible for all resulting injuries and property damage.
At-fault states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming and Washington D.C.
No-fault states: Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota and Utah.
Note: Three states – Kentucky, New Jersey and Pennsylvania – are “choice no-fault” states, meaning drivers can choose between a no-fault policy and a traditional tort liability policy. In New Jersey and Kentucky, the default is no-fault; in Pennsylvania, the default is at-fault.
At-Fault vs. No-Fault States: What’s the Difference?
The key difference is who pays for your injuries after an accident:
⚖️ At-fault states
The driver who caused the crash (and their insurance) pays for everyone’s medical bills and damages.
🛡️ No-fault states
Your own insurance pays for your medical bills through personal injury protection (PIP) coverage, regardless of who caused the accident.
At-Fault vs. No-Fault States: What’s Covered?
| At-fault states | No-fault states | |
|---|---|---|
| Who pays for injuries? | The at-fault driver’s liability insurance. | Your own PIP coverage, regardless of fault. |
| Who has the right to sue? | Unrestricted; You can sue for medical bills, lost wages, pain and suffering. | Limited; Must meet injury severity or a certain dollar threshold to sue. |
| What coverages are required? | Bodily injury + property damage liability. | Liability + personal injury protection. |
| How does the claims process work? | You file a claim with the at-fault driver’s insurer. The claims process may require an investigation into who was at fault. | You file a claim with your own insurer, regardless of fault. For minor injuries, this is generally a quick process. |
| Who covers property damage? | Paid for by the at-fault driver’s insurance. | Also paid by the at-fault driver’s insurance because fault still applies to property damage in all states. |
Which States Are At-Fault States?
The majority of states use at-fault insurance systems, where you pay all costs related to accidents you cause.
State minimum liability requirements vary. Many at-fault states require coverage in a format like 25/50/25, which means:
- $25,000 per person for injuries.
- $50,000 total per accident for injuries.
- $25,000 for property damage.
However, minimums vary significantly by state. For example, California requires 30/60/15 after raising its minimums in January 2025 for the first time since 1967. North Carolina increased its requirements to 50/100/50, effective July 2025, and Alaska and Maine also require 50/100/25. Check your state’s specific requirements to ensure you carry adequate coverage.
Here’s a map of at-fault and no-fault states. Hover over your state to see specific regulations.
Your Rights in an At-Fault State
In an at-fault state, you can sue the at-fault driver for everything, including medical bills, lost wages, pain and suffering and even punitive damages.
Risk to be aware of: If you cause an accident, others can sue you for the damage and injuries you caused. That’s why having enough liability insurance is so important.
Types of Negligence in At-Fault States
Not all at-fault states handle “shared fault” the same way. When both drivers share some blame for an accident, the state’s negligence law determines how much you can recover in compensation, or if you can get it all. There are four systems used across the United States according to Cornell Law.
| Type | How it works | States |
|---|---|---|
| Pure comparative negligence | You can recover damages even if you’re 99% at fault. Your recovery amount is reduced by your percentage of fault. | AK, AZ, CA, KY, LA, MS, MO, NM, NY, RI, SD, WA |
| Modified comparative (51% bar) | You cannot recover if you are 51% or more at fault. Below that threshold, the recovery amount is reduced by your fault percentage. | CT, DE, HI, IL, IN, IA, MA, MN, MT, NV, NH, NJ, OH, OK, OR, PA, SC, TX, VT, WV, WI, WY |
| Modified comparative (50% bar) | You cannot recover if you are 50% or more at fault. Slightly stricter than the 51% rule. | AR, CO, FL, GA, ID, KS, ME, NE, ND, TN, UT |
| Pure contributory negligence | You cannot recover any damages if you are even 1% at fault. The strictest system. | AL, MD, NC, VA + D.C. |
What This Means in Practice
Imagine you’re in a $100,000 accident and found 60% at fault:
- Pure comparative state (e.g., California): You can still recover $40,000 (the 40% that wasn’t your fault).
- Modified comparative state, 51% bar (e.g., Texas): You recover nothing, because your fault exceeds 50%.
- Modified comparative state, 50% bar (e.g., Georgia): You recover nothing, because your fault meets or exceeds 50%.
- Pure contributory state (e.g., Virginia): You recover nothing, even if you were only 1% at fault.
Recent change: On March 24, 2023, Florida shifted from pure comparative negligence to modified comparative negligence under House Bill 837, according to Holland & Knight. Plaintiffs who are more than 50% at fault for their injuries can no longer recover any damages (except in medical malpractice cases, which remain under pure comparative negligence). This was one of the most significant tort reform changes in recent U.S. history.
How Coverage Works in an At-Fault State
In an at-fault state, whoever causes the accident pays for everything through their liability insurance. At-fault states typically require higher liability coverage than no-fault states because one driver pays for all damages.
Critical fact: Liability insurance only covers damage you cause to others, not your own car or injuries. Also, state minimums are relatively low and won’t cover all damages from a severe crash. According to the National Safety Council, the average economic cost per death in a motor vehicle crash is over $1.7 million, and even non-fatal disabling injuries average over $100,000 in costs.
Scenario of How Coverage Works
You cause an accident while carrying basic 25/50/25 liability coverage. Here’s what could happen:
- The other driver’s medical bills cost $40,000.
- The other driver’s car has $18,000 in property damage.
- Your coverage pays: $25,000 medical (your per-person limit) + $18,000 property = $43,000.
- You owe out of pocket: $15,000 (their $40,000 medical bill minus your $25,000 per-person max.)
- Your own car’s damage: $8,000. Your policy doesn’t include collision coverage, so you pay for this yourself.
Total out-of-pocket cost to you: $23,000, which covers the other driver’s injuries and your own car’s damage.
Consider getting at least a minimum of 100/300/100 in liability insurance to protect your savings and assets in case you cause a bad accident.
How Fault Is Determined in At-Fault States
In at-fault states, the driver found to be negligent (careless) pays for the other driver’s injuries and property damage through their liability insurance. Insurers assign fault based on evidence like police reports, witness accounts and dashcam footage, and fault can be split by percentages between drivers.
Some examples include:
- 🚦 Traffic violations, such as running red lights, speeding and illegal turns.
- 📱 Distracted driving, including texting, eating or phone use while driving.
- 🍺 Impaired driving from alcohol or drug influence.
- 🏎️ Reckless driving, meaning aggressive or dangerous behavior.
- ⚠️ Failure to yield by not following right-of-way rules.
But it’s not always 100% the fault of one person. The insurance companies might determine that one driver was 70% at fault and the other driver was 30% at fault. Once they settle on the numbers, they figure out who pays for what.
How shared fault affects your ability to recover compensation depends on your state’s negligence law.
Important: Never admit fault after an accident. Don’t apologize, don’t blame the other driver and stay calm. Let the insurance adjusters do their jobs and sort out the details.
How At-Fault Accidents Affect Car Insurance Rates
Being the one to cause an accident in an at-fault state generally means you can expect your car insurance costs to increase. How much depends on the severity of the accident.
Here’s what you can expect:
| Accident type | Estimated insurance increase |
|---|---|
| Minor at-fault accident, with minor property damage and no injuries. | 20-30% increase for 3-5 years. |
| Major at-fault accident, with severe injuries and property damage. | 30-50% increase for 3-5 years. |
| Accident where the other driver is at fault. | 10% increase for 1-3 years. |
| Two at-fault accidents over a short period of time. | 100% increase or more, and potential non-renewal. |
How Your At-Fault Accident Follows You: CLUE Reports
Your at-fault accident is shared between insurance companies through the CLUE (Comprehensive Loss Underwriting Exchange) database, maintained by LexisNexis. CLUE collects and reports up to seven years of car insurance claims to help insurers make pricing decisions according to the Consumer Finance Protection Bureau. That means even if you switch carriers after an at-fault accident, your new insurer will see the claim on your CLUE report.
CLUE Report vs. DMV Driving Record
| Feature | CLUE Report | DMV driving record |
|---|---|---|
| What it tracks | Insurance claims filed. | Traffic violations and accidents reported by the state. |
| How long records are kept | Up to 7 years from the date of a claim. | Varies by state (3-10 years) |
| Who maintains it | LexisNexis. | Your state’s DMV. |
| How to get yours | Request free annual copy from LexisNexis. | Request from your state DMV. |
You can offset rate increases from an at-fault accident by considering a higher deductible, taking a defensive driving course and comparing quotes with multiple insurers after your accident.
