What Happens If You Are At Fault In A Car Accident?

Human error is a part of the driving experience, so even the most careful driver will get into an accident every time they get behind the wheel. If you’re in a car accident, the steps you take immediately after can be crucial for your safety, legal protection and insurance claims process.

Every car accident has unique circumstances that cause it, so you need to determine who is legally responsible for the accident. That means figuring out “fault” and who was negligent or failed to follow the rules of the road and caused the crash. Fault is a big deal in car accidents because it affects liability and financial responsibility for damages and injuries.

How is Fault Determined in a Car Accident?

In the US, determining “fault” after a car crash means figuring out who or what caused the crash and how responsibility or negligence will be assigned to the drivers involved:

At-Fault (Tort States)

In at-fault or tort states, the driver who caused the accident is responsible for the damages. If found at fault, you’re legally responsible for any property damage or medical bills. That means you’ll have to pay the other party for the repairs or replacement of their vehicle and any injured person for their medical bills.

The at-fault party will work with an insurance adjuster to make sure the claim is processed fairly and determine their level of fault which can impact a settlement and claims, insurance premiums and legal obligations.

Insurance companies will assess fault based on evidence such as police reports, witness statements, traffic camera footage and the accident scene. Whether you’re at fault or not, collision coverage can be used to repair or replace your vehicle if it’s damaged in an accident.

No-Fault

In no-fault states and the US Commonwealth of Puerto Rico, drivers must carry Personal Injury Protection (PIP) insurance. In the event of an accident, each party files a claim with their insurance, regardless of who caused the accident. PIP covers medical expenses and in some cases lost wages and other damages.

No-fault laws aim to reduce the number of lawsuits filed over car accidents, but exceptions allow for lawsuits in cases of severe injury or when damages exceed certain thresholds.

No-fault States Include

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey* New York
• North Dakota
• Pennsylvania
• Utah

Types of Comparative Negligence

Many states use a comparative negligence system, which has two main types and can be either “pure” or “modified”. This allows people to recover damages even if they are partially at fault for their injuries.

Pure Comparative Negligence

In states with pure comparative negligence laws, each driver involved in an accident can be found partially at fault and their percentage of fault reduces the compensation they would receive. For example, if you’re found 30% at fault in an accident and your damages are $10,000, you can recover 70%, or $7,000.

Pure Comparative Negligence States Include:

• Alaska
• Arizona
• California
• Florida
• Kentucky
• Louisiana
• Mississippi
• Missouri
• New Mexico
• New York
• Rhode Island
• South Dakota
• Washington

Modified Comparative Negligence

In states that use the modified comparative negligence system for car accidents, injured parties can only collect damages if they are less at fault than 50% or 51%, with the amount of damages they can recover reduced by their percentage of fault. Drivers are barred from recovering any damages if they are more at fault than their state threshold allows.

States with 50% Modified Comparative Negligence Rule Include:

• Arkansas
• Colorado
• Georgia
• Idaho
• Kansas
• Maine
• Nebraska
• North Dakota
• Oklahoma
• Tennessee
• Utah
• West Virginia

States with 51% Modified Comparative Negligence Rule Include:

• Connecticut
• Delaware
• Hawaii
• Illinois
• Indiana
• Iowa
• Massachusetts
• Michigan
• Minnesota
• Montana
• Nevada
• New Hampshire
• New Jersey
• Ohio
• Oregon
• Pennsylvania
• South Carolina
• Texas
• Vermont
• Wisconsin
• Wyoming

Contributory Negligence

Under contributory negligence, if a driver is even slightly at fault (as little as 1%), they cannot recover any damages from the other party involved in the accident. Very few states still follow this strict approach which often results in no compensation for any party, no matter how minimally they contributed to the accident.

States with Contributory Negligence Rule Include:

• Alabama
• Maryland
• North Carolina
• Virginia
• District of ColumbiaDetermining fault in car crashes can be complicated. Remember, never discuss “what happened” or fault with the other parties involved, nor make statements to them. Whether out of concern or habit, these comments can have negative legal implications for you later on and impact how fault is determined.

Types of Accidents and Fault

The type of car accident you’re in plays a big role in determining fault, as specific circumstances and behaviors are associated with certain kinds of crashes.

Understanding the dynamics of different accident types and typical fault patterns helps to determine responsibility more accurately, which is important for insurance claims and potential legal proceedings. Each auto accident has its own set of deviations from the norm, so fault will be assigned based on these findings:

Rear-End Collisions

These accidents happen when one vehicle hits the back of another. Common causes include tailgating, sudden stops, and distracted driving.

Fault Considerations: The driver of the rear vehicle is usually at fault, presumed to not have maintained a safe following distance or failed to react to slowing or stopping traffic. A few exceptions to this are if the front vehicle had malfunctioning brake lights.

Side-Impact Collisions (T-Bone Accidents)

These accidents happen when the side of one vehicle is hit by the front or rear of another vehicle, often at intersections.

Fault Considerations: Fault usually lies with the driver who failed to yield the right of way, ignored traffic signals or engaged in reckless driving behaviors.

Head-On Collisions

Head-on accidents occur when the front of two vehicles collide. These are often due to wrong-way driving, driving under the influence or distracted driving.

Fault Considerations: The driver on the wrong side of the road or engaged in illegal driving is usually at fault.

Sideswipe Accidents

Sideswiping collisions occur when the sides of two parallel vehicles touch and swipe against each other, causing cosmetic and or structural damage. These accidents are often the result of lane-changing, merging and parking errors.

Fault Considerations: Fault generally falls on drivers who fail to check their blind spot or signal before changing lanes.

Single-Vehicle AccidentsSingle-Vehicle Accidents

Accidents involving one vehicle are usually the result of hitting an object, rolling over or going off the road. These crashes are often due to driver error, but exceptions exist for poor road conditions and mechanical failures.

Fault Considerations: The driver of the crashed vehicle is usually at fault. However, cases involving sudden hazardous road conditions are not adequately indicated or swerving to avoid another car’s poor driving behavior.

Multi-Vehicle Pile-Ups

Multi-car collisions most often occur on highways, in low visibility conditions and involve three or more vehicles in a chain of accidents resulting in one big collision.

Fault Considerations: Determining the fault driver can be complicated when multiple drivers are involved. It often requires extensive investigation to understand the sequence of events.

What to Do If You’re At Fault in a Car Accident?

If you find yourself being the Fault driver in a car accident, taking the right steps can help you manage the situation and potential consequences better. Here’s what to do:

• Ensure Safety: First, ensure everyone involved in the accident is safe. Move to a safe location if possible and check for injuries. Call emergency services immediately if someone is injured.
• Report the Accident: Notify the police about the accident. A police report is necessary for insurance claims and legal purposes, an official account of the incident.
• Exchange Information: Swap contact and insurance information with the other driver(s), including names, addresses, phone numbers, insurance company names and policy numbers. Don’t discuss the fault or details of the accident at this stage.
• Document the Scene: Take photos of the accident scene, including damage to all vehicles involved, visible injuries and relevant road conditions or signs. These will be important for your insurance claim and any legal proceedings.
• Notify Your Insurance Company: Contact your insurance company immediately to report the accident. Provide them with accurate information and cooperate with their investigation.
• Understand Your Insurance Coverage: Review your insurance policy to know your coverage, deductibles and any potential rate increases. This will prepare you for the claims process and any financial implications.
• Seek Legal Advice: Consider consulting with an attorney, especially if there are significant damages or injuries involved. They can provide legal advice, represent you in negotiations with insurance companies and protect your rights.
• Follow Up on the Claims Process: Stay in touch with your insurance company throughout the claims process. Provide any additional information or documents as requested to ensure a smooth and timely resolution.Remember, being at fault in a car accident doesn’t mean you have to go it alone. Contact your insurance company, insurance agent or legal professionals to get help navigating the situation.

Will an At-Fault Car Accident Raise My Insurance Costs or Coverage?

Yes, being in a car accident can raise your insurance costs or coverage, depending on the circumstances of the accident and your policy. At-fault accidents can increase your rates at your next renewal period because you’re now a higher risk to insurers.

The amount of the increase will depend on your driving history, the severity of the accident and your insurer’s policies. If you’re not at fault, your rates won’t be affected (but this depends on your state’s laws and your insurer’s policies).

Claims can also affect your eligibility for certain discounts like a no-claims bonus. In no-fault states where your insurance covers your injuries regardless of who caused the accident, you may see an increase in your Personal Injury Protection (PIP) insurance costs after a claim. Communicate with your insurer after an accident to understand how it will impact your rates and coverage.

Some insurers offer a defensive driving course discount, which if eligible, can lower your premiums. Accident forgiveness policies also prevent your rates from increasing if it’s your first at-fault accident. Eligibility for these programs usually requires a history of safe driving and continuous coverage with the insurer.

How Long Does an At-Fault Accident Affect My Insurance Rates?

The impact of an at-fault accident on your insurance rates can vary greatly depending on your insurer’s policies, your state’s laws and the specifics of the accident.

Generally an at-fault accident can affect your insurance rates for three to five years. During this time an at-fault accident can affect your rates because of the “look-back” period used by insurers. This period can vary by insurer and state but is usually three to five years during which time insurers will review your driving record when determining your premiums.

Insurers view drivers who have been at fault in an accident as a higher risk and often reflect that in higher premiums during this period.

Cheap Auto Insurance with Good Coverage

Fault determination in car accidents is a critical process that affects insurance claims, premiums and coverage options. So understanding the details of fault determination including the differences between at-fault, no-fault and comparative negligence systems is important for drivers to know.

These determinations impact immediate financial responsibilities and have long term implications for insurance costs and coverage. Review your state’s fault determination practices, your policy, coverage types and finances to stay informed and prepared for the unexpected.

While rates can vary greatly between providers, it’s important to shop and compare quotes from multiple companies to have all your bases covered. At Insurance Navy we make this process easy by comparing rates from our network of carriers for you so you get the best coverage at the best rate.

Looking for a new insurance company or new insurance coverage? Let us help. We review driving records and other factors to determine your best coverage options and rates. Call 888-949-6289, get free car insurance quotes online or visit our mobile app for your free quote today!