Can I Seek Compensation if I’m Partially at Fault in a Car Accident?
Car accidents are often complex events with many variables at play, and determining who’s at fault can be challenging. If you’ve been involved in a crash and believe you may be partially responsible, it’s natural to wonder whether you’re still eligible for compensation.
In some cases, being partially at fault doesn’t automatically disqualify you from seeking financial recovery. Depending on your location and the specifics of your accident, you may still have legal options. Here’s what you need to know about personal injury protection (PIP) coverage and fault laws across different states.
Does Personal Injury Protection Cover Accidents Where I’m Partially at Fault?
In “no-fault” car insurance states, drivers are required to carry personal injury protection (PIP) insurance. This coverage helps cover medical expenses and other losses, regardless of who caused the accident.
The following states have no-fault insurance laws, requiring PIP:
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Utah
If you’re involved in an accident in one of these states, PIP will typically cover your damages up to the policy limits, even if you’re partially responsible for the crash.
What if I Don’t Have PIP Insurance?
In states without no-fault laws, personal injury protection isn’t always required. If you don’t have PIP coverage, your state’s negligence laws will determine your eligibility for compensation. There are several models for assigning fault and deciding compensation:
1. Pure Comparative Negligence
In states that use the pure comparative negligence model, each driver involved in the accident is assigned a percentage of fault. Your total compensation is reduced by the percentage of fault you’re assigned.
For example, if you’re found to be 20% at fault, you can still recover 80% of your damages. The following states use pure comparative negligence:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
2. Modified Comparative Negligence
The modified comparative negligence model is similar, but with one key difference: You can only seek compensation if you are 50% or less at fault for the accident. If you’re found to be more than 50% responsible, you’re disqualified from receiving damages.
Many states follow this model, including:
- Arkansas
- Colorado
- Connecticut
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Maine
- Michigan
- Minnesota
- Nebraska
- Nevada
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Tennessee
- Texas
- Vermont
- West Virginia
- Wisconsin
- Wyoming
3. Contributory Negligence
Contributory negligence is the most stringent fault model. Under this system, if you’re even 1% at fault for the accident, you are completely barred from receiving any compensation.
States that follow contributory negligence laws include:
- Alabama
- District of Columbia
- Maryland
- North Carolina
- Virginia
If you’ve been involved in an accident in one of these states, it’s essential to work with an attorney to ensure the correct assessment of fault.
4. Slight-Gross Negligence Comparative
South Dakota is the only state that uses the slight-gross negligence comparative model. This system allows a driver to recover damages only if their level of fault is considered “slight” rather than “gross.”
In practice, this can be a more ambiguous method, so it’s essential to seek legal advice if you’re unsure how this law applies to your situation.
What If I’m Unsure Who’s at Fault?
Accidents can be complicated, and it’s not always clear who was responsible. If you’re uncertain about your level of fault, it’s important to speak with a legal professional who can help clarify your situation.
We specialize in handling complex car accident cases. Start with a free, no-risk case evaluation, and we’ll help you understand your legal rights and potential next steps.
