Fault Determination Systems by State
Your state's fault system determines whether—and how much—you can recover after an accident. This is the most critical factor in your claim.
Complete fault guide at CollisionHelp.org →
The Four Fault Systems
Your State's System Changes Everything
The difference between systems can mean recovering $100,000 or $0 for the same accident.
1. Pure Contributory Negligence (Strictest)
5 Jurisdictions: AL, DC, MD, NC, VA
Rule: If you're 1% at fault, you recover $0.
| State | Statute | Exceptions |
|---|---|---|
| Alabama | Ala. Code § 6-11-20 | Last clear chance doctrine |
| District of Columbia | Common law | Limited exceptions |
| Maryland | Common law | Last clear chance |
| North Carolina | N.C. Gen. Stat. § 1-139 | Last clear chance; gross negligence |
| Virginia | Common law | Last clear chance |
Impact: Insurance companies aggressively assign any fault to bar recovery.
Strategy: Fault determination is critical—fight every percentage point.
2. Pure Comparative Negligence (Most Flexible)
13 States: AK, AZ, CA, FL*, KY, LA, MS, MO, NM, NY, RI, SD, WA
Rule: You recover even if 99% at fault (reduced by your %).
| State | Example Recovery | Special Notes |
|---|---|---|
| California | 80% fault = recover 20% | Pure comparative since 1975 |
| New York | 90% fault = recover 10% | Also no-fault for medical |
| Florida* | Changed to modified 51% in 2023 | Was pure comparative until 2023 |
| Alaska | 70% fault = recover 30% | Pure comparative |
| Arizona | 60% fault = recover 40% | Pure comparative |
Impact: Most claimant-friendly system. Any recovery is possible.
Note: Florida changed from pure to modified 51% in 2023.
3. Modified Comparative (51% Bar)
21 States: CT, DE, HI, IA, IL, IN, MA, MI, MN, MT, NV, NH, NJ, OH, OR, PA, SC, TX, VT, WI, WY
Rule: You recover if 50% or less at fault. 51%+ = $0.
| State | Fault Threshold | At 50% Fault | At 51% Fault |
|---|---|---|---|
| Texas | 51% bar | Recover 50% | $0 |
| Ohio | 51% bar | Recover 50% | $0 |
| Illinois | 51% bar | Recover 50% | $0 |
| Pennsylvania | 51% bar | Recover 50% | $0 |
| Michigan | 51% bar | Recover 50% | $0 |
Impact: The 50/51% line is heavily contested in claims.
4. Modified Comparative (50% Bar)
12 States: AR, CO, GA, ID, KS, ME, NE, ND, OK, TN, UT, WV
Rule: You recover if 49% or less at fault. 50%+ = $0.
| State | Fault Threshold | At 49% Fault | At 50% Fault |
|---|---|---|---|
| Georgia | 50% bar | Recover 51% | $0 |
| Colorado | 50% bar | Recover 51% | $0 |
| Arkansas | 50% bar | Recover 51% | $0 |
| Kansas | 50% bar | Recover 51% | $0 |
| Tennessee | 50% bar | Recover 51% | $0 |
Impact: Slightly stricter than 51% states. 50% fault = $0.
No-Fault States (Separate System)
12 No-Fault States + Puerto Rico
No-fault affects medical claims, not property damage. You still need comparative negligence for property:
| State | Fault System for Property | No-Fault for Medical |
|---|---|---|
| Florida | Modified 51% (since 2023) | $10,000 PIP |
| Michigan | Modified 51% | Choice PIP |
| New York | Pure Comparative | $50,000 PIP |
| New Jersey | Modified 51% | $15,000 PIP |
| Pennsylvania | Modified 51% | Choice: Full tort or limited |
Key: No-fault only applies to personal injury. Property damage still follows tort rules.
State-by-State Complete Table
| System | States | Recovery Rule |
|---|---|---|
| Pure Contributory | AL, DC, MD, NC, VA | 1% fault = $0 |
| Pure Comparative | AK, AZ, CA, KY, LA, MS, MO, NM, NY, RI, SD, WA | 99% fault = 1% recovery |
| Modified 51% | CT, DE, FL, HI, IA, IL, IN, MA, MI, MN, MT, NV, NH, NJ, OH, OR, PA, SC, TX, VT, WI, WY | 51%+ fault = $0 |
| Modified 50% | AR, CO, GA, ID, KS, ME, NE, ND, OK, TN, UT, WV | 50%+ fault = $0 |
Fault Determination by State Impact
Example: $100,000 Claim at Different Fault Levels
| Your Fault % | Contributory (NC) | Modified 50% (GA) | Modified 51% (TX) | Pure (CA) |
|---|---|---|---|---|
| 0% | $100,000 | $100,000 | $100,000 | $100,000 |
| 10% | $0 | $90,000 | $90,000 | $90,000 |
| 25% | $0 | $75,000 | $75,000 | $75,000 |
| 49% | $0 | $51,000 | $51,000 | $51,000 |
| 50% | $0 | $0 | $50,000 | $50,000 |
| 51% | $0 | $0 | $0 | $49,000 |
| 75% | $0 | $0 | $0 | $25,000 |