💭 What does it mean to be at fault in a collision?

Being at fault means you're legally responsible for causing the accident through negligence, such as speeding, distracted driving, or violating traffic laws.

✅ Can you claim insurance if the accident was your fault?

Yes, your insurance covers damages you cause to others through your liability coverage. If you have collision coverage, it also pays for your own car damage.

⚖️ Is it better to live in an at-fault or no-fault state?

At-fault states give you more legal rights but also more financial exposure . No-fault states provide faster claim resolution but limit your right to sue .

⚠️ What happens if I don't have enough insurance in an at-fault state?

You're personally liable for costs exceeding your coverage limits. This can result in wage garnishment, property seizure, or bankruptcy.

📊 Can both drivers be at fault in an at-fault state?

Yes, fault can be shared in percentages . For example, one driver might be 70% at fault while the other is 30% at fault based on their respective negligence.

💡 Do I need higher coverage in at-fault states?

Generally yes, because you're responsible for all damages you cause . No-fault states limit your exposure but also limit your recovery rights.

Updated November 20, 2025

At-Fault States and Car Insurance: What to Know

At-Fault States and Car Insurance: What to Know

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 is the most common system, used in 38 states plus Washington D.C.

Jerry has helped 241,474 drivers in at-fault states compare car insurance quotes and encourages drivers in these states to consider higher liability limits than state minimums.

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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.

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.

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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.

Most states require minimum coverage of 25/50/25, which means:

$25,000 per person for injuries.
$50,000 total per accident for injuries.
$25,000 for property damage.

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.

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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. One accident with injuries can cost over $160,000, according to the National Safety Council.

Scenario of how coverage works

You cause an accident with basic 25/50/25 coverage. Here’s what happens:

Why you’d owe $30,000: The other driver’s costs exceeded your coverage limits, and you didn’t have collision coverage for your own car.

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.

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How payment is determined

In at-fault states, figuring out who pays for a crash comes down to one word: negligence. It’s the insurance industry’s term for deciding who was careless and caused the accident. 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.

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, 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.

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.

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FAQ

💭 What does it mean to be at fault in a collision?

Being at fault means you’re legally responsible for causing the accident through negligence, such as speeding, distracted driving, or violating traffic laws.
✅ Can you claim insurance if the accident was your fault?

Yes, your insurance covers damages you cause to others through your liability coverage. If you have collision coverage, it also pays for your own car damage.
⚖️ Is it better to live in an at-fault or no-fault state?

At-fault states give you more legal rights but also more financial exposure. No-fault states provide faster claim resolution but limit your right to sue.
⚠️ What happens if I don’t have enough insurance in an at-fault state?

You’re personally liable for costs exceeding your coverage limits. This can result in wage garnishment, property seizure, or bankruptcy.
📊 Can both drivers be at fault in an at-fault state?

Yes, fault can be shared in percentages. For example, one driver might be 70% at fault while the other is 30% at fault based on their respective negligence.
💡Do I need higher coverage in at-fault states?

Generally yes, because you’re responsible for all damages you cause. No-fault states limit your exposure but also limit your recovery rights.

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.

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Ben Moore

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.

^†Over the past 12 months, 25% of drivers who switched with Jerry paid $89 or less per month. Not all customers find savings. Savings depend on state, policy features, coverage, driving history and other factors.

Editorial Note: This article was written by a paid member of Jerry’s editorial team. Statements in this article do not constitute advice or recommendations. You should consult with an insurance professional about your specific circumstances and needs before making any insurance decisions.