In at-fault states, the driver who caused an accident is financially responsible for the resulting damages, resulting in an insurance rate increase of 36%.

Written by Liz Jenson

Edited by Kianna Walpole

Updated on May 13, 2024

Jump to:

What is an at-fault state?
How do at-fault state laws affect auto insurance rates?
Getting into a car accident in an at-fault state: What happens next?
At-fault states give drivers the right to sue—here’s how to navigate it
FAQ
Methodology
Meet our experts

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At-fault states (or “tort states”) require the at-fault driver’s insurance company to pay for damages or injuries. To cover these costs, at-fault states require drivers to carry at least liability insurance—however, your

car insurance

premiums may increase by 36% after an at-fault crash.

What is an at-fault state?

In at-fault states, any driver who causes a car crash is personally liable—that is, financially responsible—for compensating accident victims. The at-fault system transfers the financial burden of car accidents to insurance companies, hopefully guaranteeing accident victims more compensation.

To determine fault, claims adjusters will speak to witnesses, look over police reports, and review accounts from both individuals involved in the crash. If you’re found responsible for causing the accident, your insurance will pay for damages and injuries up to your policy limits.

You may need more than the state minimum in an at-fault state
Most states require drivers to carry 25/50/25 in
liability insurance
—however, most drivers, especially in at-fault states, may benefit from higher limits. To ensure all your bases are covered, consider investing in limits of 50/100/50 or 100/300/100. That way, you can be sure that your assets and future finances are well-protected.

No-fault states vs. at-fault states

no-fault states

, car accident victims will contact their own insurance provider—not the at-fault driver’s insurance provider—for bodily injury compensation after a crash. Payment responsibilities in no-fault states fall on the insurance providers of everyone involved, not just the at-fault driver’s provider.

No fault states include:

* Drivers in these

choice-no-fault states

may choose no-fault or limited tort coverage.

Learn more:

What is no-fault insurance? How does it work?

How do at-fault state laws affect auto insurance rates?

On average, drivers in at-fault states pay $103 per month for their policies—$63 per month for the state minimum, and $143 per month for full coverage.

Because at-fault state laws don’t typically require drivers to purchase additional types of coverage like

personal Injury protection (PIP)

, it’s usually cheaper to buy car insurance in an at-fault state than a no-fault state. Here are the average rates for different types of insurance in at-fault versus no-fault states:

Type of insurance	At-fault state	No-fault state
Minimum coverage	$64	$89
Full coverage	$147	$172

After an

at-fault accident

, however, your insurance rates will see a sharper average increase in at-fault states. Here’s how much your insurance will increase on average after an accident based on which at-fault state you live in:

State	Cost before at-fault accident	Cost after at-fault accident	% Increase
Alabama	$130	$135	4%
Arizona	$111	$244	55%
Arkansas	$110	$139	21%
California	$133	$187	29%
Colorado	$123	$172	28%
Connecticut	$122	$189	35%
Delaware	$124	$157	21%
District of Columbia	$142	$163	13%
Georgia	$194	$242	20%
Idaho	$73	$92	21%
Illinois	$90	$134	33%
Indiana	$87	$116	25%
Iowa	$79	$97	19%
Louisiana	$185	$242	24%
Maine	$58	$78	26%
Mississippi	$106	$123	14%
Missouri	$90	$164	45%
Montana	$85	$94	10%
Nebraska	$97	$124	22%
New Hampshire	$67	$86	22%
New Mexico	$126	$146	14%
Nevada	$102	$208	51%
North Carolina	$77	$101	24%
Ohio	$78	$112	31%
Oklahoma	$93	$132	30%
Rhode Island	$102	$161	27%
South Dakota	$89	$94	5%
South Carolina	$166	$203	18%
Texas	$142	$193	26%
Tennessee	$104	$155	33%
Vermont	$58	$74	22%
West Virginia	$88	$116	24%
Wisconsin	$84	$106	21%
Wyoming	$59	$78	24%

Although you may see an increase after an at-fault accident, you can still lower your premiums using the

Jerry

app. With Jerry, you can compare quotes from dozens of top insurers, including

GEICO

and

Progressive

, to find the best rate for your profile.

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Learn more:

How much does your insurance go up after an accident?

Getting into a car accident in an at-fault state: What happens next?

If you get into a car accident in an at-fault state, you’ll have to

file a car insurance claim

with the at-fault party’s insurance company to get compensation for any damages.

Things that may help your claim include photos of the damages, witnesses, and exchanging information with other drivers at the scene. Then, report the car accident to your insurance company.

Remember, the more evidence of your innocence you provide, the more likely the adjuster is to find you not at fault, particularly if you are an injured party.

After a car accident in an at-fault state, your car insurance premiums may also increase. To combat this, it’s a good idea to shop around for a new policy from a new provider. With a car insurance broker like

Jerry

, this process takes less than a minute.

If you’re the at-fault driver: At-fault drivers should follow a similar process after an accident. Don’t admit fault or place blame on the other driver, and try to remain calm both at the scene of the accident and after. This will help you avoid any extra charges being brought against you.

Compensation is determined by negligence in at-fault states

In the legal sense of the term, negligence describes a failure to take appropriate action resulting in harm to others. This might include things like not seeing a pedestrian in the road, texting and driving, or hitting the gas instead of the brakes.

In a car accident, fault may be determined in percentages, i.e. one driver is 70% at fault while the other driver is 30% at fault, based on how negligent each driver was in the situation.

Once negligence and fault are established, compensation can be determined based on that data.

At-fault states give drivers the right to sue—here’s how to navigate it

Drivers who have experienced severe damages due to a negligent driver usually have the right to sue, but it’s best to employ a qualified personal injury lawyer or law firm to help you out.

Things can get extremely complicated when determining who can sue who after an accident. The validity of your personal injury lawsuit will depend on things like state laws, the amount of insurance the other driver was carrying, the amount of insurance you were carrying, and whether your damages passed a verbal (think “catastrophic injuries” or “wrongful death”) and/or economic threshold.

If you’re thinking about taking legal action against another driver, it’s recommended that you get a car accident lawyer to help you with these factors and other complicated elements of navigating the legal system.

Learn more:

What to do if you’re in a car accident without insurance

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FAQ

What does it mean to be at fault in a collision?

If you’re declared

at fault in a collision

, that means that the accident was caused at least in part by your negligence. In at-fault states, being declared at fault also means that you will be held financially responsible for damages and injuries that the victim of the car crash suffers.

What US states are at-fault states?

There are 38 at-fault states in the US, and 12

no-fault states

. No-fault states include:

, Hawaii,

, and

. If you don’t see your state on this list, that means that you live in an at-fault state.

Can you claim insurance if the accident was your fault?

You can still file a claim with your insurance company if the accident was your fault, but you’ll only be covered under certain types of policies. If you have

full coverage

, for example, damages from the accident should be covered by your insurance.

Methodology

The Insurance Research Team analyzes insurance products and services to drive insights and help consumers make informed purchase decisions. We analyzed over 25 million car insurance quotes and conducted the largest insurance shopping survey (over 15,000 customers surveyed and 85 carriers reviewed in the past 18 months). All average quote data is based on rates for single drivers with a clean record and a single car between the ages of 35 and 65.

We surveyed insurance policyholders for their experience with their insurers in the following areas: (1) insurance cost (2) customer service (3) insurance buying experience (4) insurance renewal experience (5) claim experience. In addition, we asked people what they like about their insurers and what areas in which their insurers could improve.

For the quotes and sold policies included in this article, please note that personal information has been hidden. Not all customers find savings.

Team: The team consists of licensed insurance agents, insurance industry veterans, and data scientists.

Meet our experts

Liz Jenson

Liz Jenson is an insurance writer who specializes in general automotive and insurance topics. Liz’s mission is to produce informative and useful content to help car owners make smart choices when buying cars and car insurance. Since joining Jerry in 2021, Liz has written nearly 4,000 long- and short-form articles on topics including state-specific insurance recommendations, common car insurance questions, and deep dives into vehicle model details.

Before they came to Jerry, Liz was a full-time student at Indiana University, Bloomington working on a double major in English and French.

Kianna Walpole

Expert Insurance Writer & Editor

Kianna Walpole is an insurance writer and editor with a comprehensive background in consumer behavior and online publishing. With experience in car insurance, maintenance, and repair, she is dedicated to building informative content that helps customers reduce costs while achieving the best service. Prior to joining the Jerry editorial team, Kianna worked as a junior editor in the content marketing industry, using consumer data and key insights to create and edit content for an array of large-scale clients in the real estate, cybersecurity, and healthcare industries.