To be “at fault” means that you, the driver, are responsible for the accident. At-fault accidents may occur through:
- Speeding
- Rear-ending another vehicle
- Texting while driving
In most states, the at-fault driver is responsible for paying out the insurance claim for the other vehicle involved.
What Is an At-fault Car Accident?
If you did something that caused a car accident, you may be deemed negligent and considered “at fault.” Other examples where you may be considered at fault are:
- Driving under the influence (DUI) of drugs and/or alcohol
- Driving on the wrong side of the road
- Violating a pedestrian’s right of way
For those living in an at-fault state, your auto liability insurance may cover, up to the coverage limit, the other party’s car repair expenses and any medical bills from the car accident. To repair your own car, that coverage may be through collision insurance.
Types of Fault
There may be cases where you may not be entirely at fault. For example, a driver runs a red light. At the same time, you may be distracted by your phone while trying to pass through the intersection. You both hit each other and are now both partially at fault. When determining who is at fault and thereby responsible for paying for damages, insurers may use one of the following:
- Pure Contributory Negligence: This doctrine may restrict the accident victim from receiving any compensation if they contributed to the accident in any type of way. For example, if you, the pedestrian, cross the road negligently and a driver hits you, you may not be able to receive compensation due to negligence.
- Pure Comparative Fault: Unlike pure contributory negligence, this doctrine allows the accident victim to receive compensation. For example, even if you were at fault 99% of the time, you may still receive 1% in compensation for damages from the other party.
- Modified Comparative Fault: During an accident between two drivers, insurance carriers may assign a negligence percentage to the drivers, such as 60/40. The determination could lead to how much the driver’s insurance may pay out to the other party. For some states, you may not be able to receive compensation if you have been rated 50% to 51% or more.
What Is a No-fault Car Accident?
Unlike an at-fault state, If you get into an accident in a no-fault state, each driver’s medical costs are covered by their Personal Injury Protection (PIP) insurance. PIPs, also known as no-fault insurance, may cover the accident victim and their passengers’ lost wages and medical expenses. Other compensation towards the vehicle, such as repair bills, may be paid out by the negligent driver’s insurer.
How Personal Injury Protection (PIP) Works
PIP insurance is a part of auto insurance and is mandatory in no-fault states, but optional to purchase in at-fault states. You may purchase a PIP policy when purchasing your other auto insurance, such as collision and liability coverage. A PIP policy helps cover medical expenses for both the driver and their passengers.
PIP may provide coverage for the following:
- Rehabilitation from an accident: If you need the care to help you get back to your daily life, PIP may provide coverage for rehabilitation.
- Lost wages from being unable to work: In the case that you aren’t able to work and have lost income due to an accident, PIP may be a supplement income until you recover
- Home care expenses: A PIP policy may cover at-home care. This would allow a nurse to visit and care for you at home.
- Funeral expenses and accidental death benefits: A PIP policy may also pay out and help with funeral expenses. An additional amount may be paid out to the beneficiaries if someone has died due to the accident. This may be included or added to the original policy and is known as an accidental death benefit.
How to File a PIP Claim
The process of filing a PIP claim is the same for both at-fault and no-fault states. You must alert your insurance agent of the accident as soon as possible. In the majority of no-fault states, you may be required to file your claim within 30 days of your accident. You may call your insurer or file online by phone or website. Depending on your insurer, you may have an app to file it through. The average turnaround time from filing a claim to receiving reimbursement is 30 days.
When filing a claim, you may have to include::
- Photos of the vehicle damage
- Copy of the police report
- Proof of claim form
- Bills for auto repairs
- Contact information of the other party and witnesses
Is Your State At-fault or No-fault?
| State | At Fault | No-Fault | Minimum PIP Requirement |
| Alabama | ✓ | PIP not available | |
| Alaska | ✓ | PIP not available | |
| Arizona | ✓ | PIP not available | |
| Arkansas | ✓ | PIP Optional | |
| California | ✓ | PIP not available | |
| Colorado | ✓ | PIP not available | |
| Connecticut | ✓ | PIP not available | |
| Delaware | ✓ | $15,000 per person / $30,000 per accident | |
| Florida | ✓ | $10,000 | |
| Georgia | ✓ | PIP not available | |
| Hawaii | ✓ | $10,000 | |
| Idaho | ✓ | PIP not available | |
| Illinois | ✓ | PIP not available | |
| Indiana | ✓ | PIP not available | |
| Iowa | ✓ | PIP not available | |
| Kansas | ✓ | $9,000 | |
| Kentucky | ✓ | $10,000 | |
| Louisana | ✓ | PIP not available | |
| Maine | ✓ | $2,000 per person | |
| Maryland | ✓ | $2,500 | |
| Massachusetts | ✓ | $8,000 per person | |
| Michigan | ✓ | $250,000 or opt-out | |
| Minnesota | ✓ | $20,000 for medical expenses / $20,000 for non-medical expenses | |
| Mississippi | ✓ | PIP not available | |
| Missouri | ✓ | PIP not available | |
| Montana | ✓ | PIP not available | |
| Nebraska | ✓ | PIP not available | |
| Nevada | ✓ | PIP not available | |
| New Hampshire | ✓ | Optional | |
| New Jersey | ✓ | $15,000 | |
| New Mexico | ✓ | PIP not available | |
| New York | ✓ | $50,000 | |
| North Carolina | ✓ | PIP not available | |
| North Dakota | ✓ | $30,000 per person | |
| Ohio | ✓ | PIP not available | |
| Oklahoma | ✓ | PIP not available | |
| Oregon | ✓ | $15,000 per person | |
| Pennsylvania | ✓ | $5,000 per person | |
| Rhode Island | ✓ | PIP not available | |
| South Carolina | ✓ | PIP not available | |
| South Dakota | ✓ | PIP Optional | |
| Tennessee | ✓ | PIP not available | |
| Texas | ✓ | PIP Optional | |
| Utah | ✓ | $3,000 per person | |
| Vermont | ✓ | PIP not available | |
| Virginia | ✓ | PIP Optional | |
| Washington | ✓ | PIP Optional | |
| West Virginia | ✓ | PIP not available | |
| Wisconsin | ✓ | PIP Optional | |
| Wyoming | ✓ | PIP not available |
Will Your Car Insurance Rate Increase After a Car Accident?
Car accidents are more common than we think. On average, there are about 112,000 speeding tickets issued every day, and in 2021, there have been 42,915 deaths due to car accidents.
The majority of the time, if you are not at fault for a car accident, your rates may not increase. However, it may slightly go up for some not-at-fault drivers due to their history of accidents and how the accident occurred.
For at-fault drivers, your rate may increase after an accident. This is due to insurers seeing you as a higher risk for future accidents. How much your rates increase may depend on your claim history. For example, if you have a history of a good driving record, rarely file claims, and the accident was minor, your rates may increase just slightly. On the other hand, if your insurer sees that you have a pattern of negligent driving, there may be a jump in your auto insurance rates.