In an “at-fault” state, the person who caused the accident has to cover all the costs, from injuries to property damage. So if you cause a wreck, your policy pays for the other person’s expenses. And if they cause the accident, their insurance pays for yours.
This system — also known as a tort liability system — is the most common in the U.S., used in 38 states plus Washington D.C.. The other 12 states operate under no-fault insurance laws, according to the Insurance Information Institute.
Jerry has helped over 137,628 drivers in at-fault states compare car insurance quotes and encourages drivers in these states to consider higher liability limits.
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Complete list of at-fault states in 2026
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:
Jerry recommends: Compare car insurance quotes in the Jerry app, where you can see personalized quotes in minutes, including the relative costs of liability insurance or personal injury protection.
Jerry pulls up to 20 quotes from top rated carriers.
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, as of 2026, 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.
The Jerry difference: If you move between states, your insurance needs may change dramatically. Jerry can help you shop for new coverage when you move between states.
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.
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.
Jerry recommends: 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.
Get car insurance through the Jerry app
Jerry is available in 48 states and we help you find the right coverage so you’re financially protected while on the road. We work with over 50 insurance companies to find the best coverage for drivers in at-fault states.
Jerry pulls up to 20 quotes from top rated carriers.
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 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.
Jerry recommends: 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 the frustrating part: even if you weren’t at fault for an accident, your premium will likely go up. It’s how the system is designed. 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:
Jerry recommends: 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 through the Jerry app.
It only takes 2 minutes to sign up at Jerry.
FAQ
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What does it mean to be at fault in a collision?
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Can you claim insurance if the accident was your fault?
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Is it better to live in an at-fault or no-fault state?
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What happens if I don’t have enough insurance in an at-fault state?
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Can both drivers be at fault in an at-fault state?
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Do I need higher coverage in at-fault states?
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What are the 38 at-fault states?
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What is comparative negligence?
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What is a CLUE report and how does it affect car insurance?
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Can you get accident forgiveness in an at-fault state?
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What are choice no-fault states?
Methodology
Data included in this analysis comes from policies that Jerry has quoted within the last 6 months for drivers with a clean record and that have full coverage, unless stated otherwise. Data related to violations, accidents or credit scores pull from quote data from the last 18 months. Jerry services 48 states and offers a range of insurance companies to choose from.
Ben Moore is a writer and editor at Jerry and an auto insurance expert. He previously worked as a writer, editor and content strategist on NerdWallet’s auto insurance team for five years. His work has been published in The Associated Press, Washington Post, Chicago Sun-Times, MarketWatch, Nasdaq and Yahoo News. He also served as a NerdWallet spokesperson, with appearances on local broadcast television and quotes in Martha Stewart and Real Simple magazine.
Ben has an extensive background in digital marketing, working on affiliate and programmatic advertising campaigns for brands like Cabela’s, H&R Block and Sears. He holds a bachelors degree in marketing from Olivet Nazarene University.
