Comparative negligence by state
What happens in each state when both drivers share the blame for a crash: pure comparative fault, a modified 50% or 51% bar, or contributory negligence.
Pure: your damages are reduced by your share of the fault. Modified 50% bar: you get nothing at 50% fault or more. Modified 51% bar: you get nothing above 50%. Contributory negligence: any fault can bar you.
| State | Rule | What it means | Law |
|---|---|---|---|
Check your state | Not confirmed | ||
Pure comparative | In Alaska, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | AS 09.17.060 | |
Pure comparative | In Arizona, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | A.R.S. § 12-2505 | |
Modified (50% bar) | In Arkansas, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Ark. Code Ann. § 16-64-122 | |
Pure comparative | In California, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 | |
Modified (50% bar) | In Colorado, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | C.R.S. § 13-21-111 | |
Modified (51% bar) | In Connecticut, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Conn. Gen. Stat. § 52-572h(b) | |
Modified (51% bar) | In Delaware, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 10 Del. C. § 8132 | |
Contributory negligence | In District of Columbia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | DC common law | |
Modified (51% bar) | In Florida, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Fla. Stat. § 768.81(6) | |
Modified (50% bar) | In Georgia, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | O.C.G.A. § 51-12-33(a) | |
Modified (51% bar) | In Hawaii, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Haw. Rev. Stat. § 663-31 | |
Modified (50% bar) | In Idaho, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Idaho Code § 6-801 | |
Modified (51% bar) | In Illinois, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 735 ILCS 5/2-1116 | |
Modified (51% bar) | In Indiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | IC 34-51-2-6 | |
Modified (51% bar) | In Iowa, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Iowa Code § 668.3(1)(a) | |
Modified (50% bar) | In Kansas, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | K.S.A. 60-258a(a) | |
Pure comparative | In Kentucky, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | KRS 411.182 | |
Modified (51% bar) | In Louisiana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | La. Civ. Code art. 2323(A)(2) | |
Modified (50% bar) | In Maine, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | 14 M.R.S. § 156 | |
Contributory negligence | In Maryland, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013) | |
Modified (51% bar) | In Massachusetts, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | M.G.L. c. 231, § 85 | |
Modified (51% bar) | In Michigan, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | MCL 600.2959 and MCL 500.3135(2)(b), (4)(a) | |
Modified (51% bar) | In Minnesota, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Minn. Stat. § 604.01, subd. 1 | |
Check your state | Not confirmed | ||
Pure comparative | In Missouri, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | Missouri adopted pure comparative fault in 1983 (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)); confirmed by the Missouri Department of Commerce and Insurance auto FAQ. | |
Modified (51% bar) | In Montana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Mont. Code Ann. § 27-1-702 | |
Modified (50% bar) | In Nebraska, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Neb. Rev. Stat. § 25-21,185.09 | |
Modified (51% bar) | In Nevada, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | NRS 41.141 | |
New Hampshire New Hampshire motor vehicle agency | Not covered yet | ||
Modified (51% bar) | In New Jersey, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | N.J.S.A. 2A:15-5.1 | |
Pure comparative | In New Mexico, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | Scott v. Rizzo, 1981-NMSC-021, 96 N.M. 682 | |
Modified (51% bar) for injury; pure comparative for property | For injury claims: In New York, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). For property damage and other claims: In New York, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | CPLR § 1411(b), added by L.2026, ch. 58, Part EE | |
Contributory negligence | In North Carolina, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | North Carolina common law (NCDOI | |
Modified (50% bar) | In North Dakota, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | N.D.C.C. § 32-03.2-02 | |
Modified (51% bar) | In Ohio, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Ohio Rev. Code § 2315.33 | |
Modified (51% bar) | In Oklahoma, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 23 O.S. § 13 | |
Modified (51% bar) | In Oregon, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | ORS 31.600 | |
Modified (51% bar) | In Pennsylvania, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 42 Pa.C.S. § 7102(a) | |
Pure comparative | In Rhode Island, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | R.I. Gen. Laws § 9-20-4 | |
Modified (51% bar) | In South Carolina, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991) | |
Slight/gross negligence | In South Dakota, you can recover only if your fault was “slight” compared with the other driver's, and then your damages are reduced. The law sets no fixed percentage, so we don't compute an amount. | SDCL § 20-9-2 | |
Modified (50% bar) | In Tennessee, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) | |
Modified (51% bar) | In Texas, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Tex. Civ. Prac. & Rem. Code § 33.001 | |
Modified (50% bar) | In Utah, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). | Utah Code § 78B-5-818(2) | |
Modified (51% bar) | In Vermont, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | 12 V.S.A. § 1036 | |
Contributory negligence | In Virginia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions. | Common law, confirmed by the SCC Bureau of Insurance guide | |
Pure comparative | In Washington, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault. | RCW 4.22.005 | |
Modified (51% bar) | In West Virginia, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | W. Va. Code § 55-7-13a | |
Modified (51% bar) | In Wisconsin, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Wis. Stat. § 895.045 | |
Modified (51% bar) | In Wyoming, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). | Wyo. Stat. § 1-1-109(b) |
Fault and payout explainer
If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.
Ask the other driver's insurer to pay, in writing.
Claim letter