What Is an At-Fault State?
In an at-fault (or "tort") state, the driver who caused an accident is responsible for paying damages to the other parties. Injured parties typically file claims with the at-fault driver's liability insurance. Most U.S. states use some form of at-fault system.
How Fault Is Determined
Fault is determined by insurance adjusters and, if disputed, by courts. Evidence includes police reports, witness statements, photographs, accident reconstruction, traffic laws violated, and the parties' own accounts. Comparative negligence rules mean fault can be split between multiple parties.
Filing Options in At-Fault States
- File a third-party claim with the at-fault driver's insurer
- File a first-party claim with your own insurer (if you have collision or uninsured/underinsured coverage)
- File a personal injury lawsuit against the at-fault driver
Comparative Negligence in At-Fault States
Most at-fault states use comparative negligence rules that reduce your recovery by your percentage of fault. In pure comparative negligence states, you can recover even if you were 99% at fault. In modified comparative negligence states, recovery is barred if you were 50% or 51% or more at fault (varies by state).
Minimum Coverage Requirements
At-fault states require drivers to carry minimum liability insurance. If the at-fault driver carries only minimum coverage and your damages exceed those limits, your own uninsured/underinsured motorist coverage may provide additional recovery. An attorney can evaluate all available sources of compensation.
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InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.