Can You Get Compensation If the Accident Was Your Fault?

TL;DR: Yes, you can often get compensation even if an accident was your fault, but it typically comes from your own insurance policy, not the other driver’s. Your ability to recover costs for medical bills and vehicle repairs depends on the specific coverages you purchased. Policies like Medical Payments (MedPay), Personal Injury Protection (PIP), and Collision coverage are designed to pay for your losses regardless of who is responsible. However, you generally cannot file a liability claim against the other driver for your injuries or property damage if you are 100% to blame for the crash. In situations of shared fault, state laws on comparative negligence may allow you to recover a portion of your damages from the other party.

Key Highlights

• Your Insurance is Key: Compensation for an at-fault driver comes from their own insurance, not the other party’s.
• Medical Bill Coverage: Medical Payments (MedPay) and Personal Injury Protection (PIP) cover your medical expenses up to your policy limits, no matter who caused the accident.
• Vehicle Repair Coverage: Collision coverage pays to repair or replace your vehicle after an at-fault accident, minus your deductible.
• Shared Fault Matters: If you are only partially at fault, you may be able to claim compensation from the other driver based on your state’s comparative negligence laws.
• No Claim Against Others: If you are determined to be completely at fault, you cannot make a claim against the other driver’s bodily injury or property damage liability insurance.

Each year, millions of vehicle collisions occur on U.S. roads, leading to significant financial and physical distress for those involved. According to the National Highway Traffic Safety Administration (NHTSA), there were over 5.2 million police-reported crashes in 2020 alone. A common misconception following these incidents is that the driver who caused the collision has no options for financial recovery. People often assume that being “at fault” automatically disqualifies them from receiving any form of compensation for their own medical bills or vehicle damage.

The framework for accident compensation is built around the legal concept of negligence, which is a failure to exercise a reasonable level of care. In most states, known as “at-fault” or “tort” states, the driver who is deemed negligent is legally responsible for the damages they cause. Their liability insurance is what pays for the other party’s injuries and property damage. Conversely, a handful of states operate under a “no-fault” system, where each driver’s own insurance covers their initial medical costs through a policy called Personal Injury Protection (PIP), regardless of who was responsible for the crash.

This distinction between insurance systems and legal principles creates a complex but important reality: being at fault does not mean you are left with no financial support. The options available to you are defined by the specific insurance coverages you have chosen, the laws in your state, and the precise circumstances of the accident. Understanding these factors is the first step toward securing the compensation you need to cover your expenses and move forward.

Understanding Fault: How At-Fault vs. No-Fault States Change Everything

The rules for getting compensation are heavily influenced by where the accident happened. The United States uses two primary systems for handling car accident claims: the at-fault system and the no-fault system. Knowing which system your state follows is critical because it dictates whose insurance company pays for initial medical expenses.

The At-Fault System Explained

The majority of states use an at-fault system, also known as a tort system. In these states, the person who caused the accident is financially responsible for the damages and injuries suffered by the other parties involved.

• How it Works: If you cause an accident in an at-fault state, your liability insurance pays for the other driver’s medical bills (Bodily Injury Liability) and vehicle repairs (Property Damage Liability).
• Your Own Expenses: Your liability coverage does not pay for your own injuries or your own car’s damage. To cover your own losses, you must rely on separate coverages on your policy, such as MedPay, PIP (if available), and Collision.
• Example: You live in California (an at-fault state) and run a stop sign, hitting another car. Your Property Damage Liability will pay to fix the other person’s car. Your Bodily Injury Liability will pay for their medical treatment. To fix your own car, you must use your Collision coverage. To pay for your own medical bills, you must use your MedPay or health insurance.

The No-Fault System Explained

A smaller number of states, including Florida, Michigan, and New York, use a no-fault system. This system was designed to speed up payments for medical treatment and reduce the number of lawsuits over minor injuries.

• How it Works: In a no-fault state, your own car insurance policy is required to include Personal Injury Protection (PIP). If you are injured in an accident, your own PIP coverage pays for your medical bills and lost wages up to a certain limit, no matter who caused the crash.
• Restrictions on Lawsuits: No-fault laws restrict your ability to sue the at-fault driver for pain and suffering unless your injuries meet a certain threshold. This threshold can be a monetary amount for medical bills (e.g., $2,000 in medical expenses) or a verbal description of the injury’s severity (e.g., permanent disfigurement or a bone fracture).
• Property Damage: It is important to remember that no-fault rules typically apply only to injuries. Claims for vehicle damage are still handled using the at-fault principle. The driver who caused the crash is still responsible for paying for the other party’s vehicle repairs through their Property Damage Liability coverage.

Determining Who is Responsible

Regardless of the state’s system, establishing fault is a crucial process. Insurance companies and, if necessary, the courts, do not take a driver’s word for it. They conduct a thorough investigation to determine the degree of responsibility for each driver. Evidence used to assign fault includes:

• The Police Report: The officer’s on-scene report contains diagrams, descriptions of the accident, witness information, and sometimes the officer’s opinion on who violated a traffic law.
• Driver and Witness Statements: What you, the other driver, and any third-party witnesses say happened. This is why it is so important not to admit fault at the scene.
• Physical Evidence: Photos and videos of the accident scene, vehicle damage, skid marks, and road conditions provide objective clues.
• Traffic Laws: A clear violation of a traffic law, such as speeding, running a red light, or making an illegal turn, is strong evidence of fault.

Your Own Insurance Policy: The Primary Source for Compensation

If you are found to be at fault for an accident, your path to compensation lies within the details of your own auto insurance policy. Liability coverage is for others, but several optional coverages are designed specifically to protect you and your property. These are the coverages that become invaluable when you are the one who made the mistake.

Medical Payments (MedPay) Coverage

Medical Payments coverage, or MedPay, is an optional insurance that helps pay for medical expenses for you and your passengers after an accident, regardless of who is at fault.

• What it Covers: MedPay typically covers hospital bills, doctor visits, surgery, X-rays, ambulance fees, and even funeral expenses.
• How it Works: It is a no-fault coverage, so you can use it immediately without waiting for a fault determination. It has a set limit, often ranging from $1,000 to $10,000 or more. Once you reach the limit, you are responsible for any remaining bills, though your health insurance may then take over.
• Scenario: You accidentally rear-end someone and break your wrist. The ambulance ride and emergency room visit cost $4,000. If you have $5,000 in MedPay coverage, your auto insurance will pay the full $4,000 directly to the medical providers.

Personal Injury Protection (PIP)

Personal Injury Protection is similar to MedPay but is generally more comprehensive. It is mandatory in no-fault states and available as an option in some at-fault states.

• What it Covers: Like MedPay, PIP covers medical bills for you and your passengers regardless of fault. However, PIP often extends to cover more than just medical care. It can also reimburse you for:
  • Lost Wages: If your injuries prevent you from working, PIP can pay a percentage of your lost income.
  • Rehabilitation Costs: Physical therapy and other rehabilitative services are often included.
  • Replacement Services: It may cover costs for tasks you can no longer perform due to your injuries, such as house cleaning or childcare.
• How it Works: You file a PIP claim with your own insurance company. Payouts are made up to your policy limit. In no-fault states, you must exhaust your PIP benefits before you can pursue a claim against the at-fault driver for further damages, and only if your injuries are severe enough.

Collision Coverage for Vehicle Repairs

While liability insurance pays for the other car’s damage, Collision coverage is what pays to fix your car. If you cause an accident, this is the only coverage that will pay for your vehicle repairs.

• What it Covers: Collision coverage pays for damage to your vehicle resulting from a collision with another object (like a car, pole, or guardrail) or from the vehicle overturning.
• The Deductible: This coverage comes with a deductible, which is the amount you must pay out of pocket before the insurance company pays the rest. Deductibles commonly range from $250 to $1,000 or more. A higher deductible usually means a lower premium.
• Scenario: You have a $500 deductible for your Collision coverage. You misjudge a turn and hit a fence, causing $3,000 in damage to your car. You will pay the first $500, and your insurance company will pay the remaining $2,500. If your car is declared a total loss, the insurer will pay you the actual cash value of the vehicle, minus your deductible.

The Concept of Comparative and Contributory Negligence

In many accidents, fault is not a simple black-and-white issue. Often, more than one driver contributes to the crash. State laws have systems to deal with this shared responsibility, and these rules can determine whether you can get compensation from another driver even if you were partially to blame.

Pure Comparative Negligence

A small number of states, including California, Florida, and Arizona, follow the rule of pure comparative negligence. This is the most forgiving system for a partially at-fault driver.

• How it Works: Under this rule, you can recover damages from another at-fault driver regardless of your own degree of fault. Your total compensation award is simply reduced by your percentage of responsibility.
• Example: You are found to be 80% at fault for an accident, and the other driver is 20% at fault. Your total damages are $10,000. You can still file a claim against the other driver, but your recovery will be reduced by your 80% fault. You would be eligible to receive $2,000 (20% of your $10,000 in damages).

Modified Comparative Negligence (50% and 51% Rules)

This is the most common system used in the United States. It allows a partially at-fault driver to recover damages, but only if their share of the blame is below a certain threshold. This is called modified comparative negligence. There are two main variations.

• The 50% Bar Rule: In states like Georgia and Tennessee, you can only recover damages if your percentage of fault is less than the other party’s (i.e., 49% or less). If you are found to be 50% or more at fault, you are barred from recovering any compensation from the other driver.
• The 51% Bar Rule: In states like Texas and Wisconsin, you can recover damages as long as your fault is not greater than the other parties involved (i.e., 50% or less). If you are 51% or more to blame, you cannot recover anything.
• Example (51% Rule): You are in a crash and found to be 30% at fault. Your damages are $50,000. You can sue the other driver and recover $35,000 ($50,000 minus your 30% share of fault). If you were found to be 60% at fault, you would receive nothing.

Pure Contributory Negligence

This is the harshest rule and is only used in a few states (Alabama, Maryland, North Carolina, Virginia) and the District of Columbia.

• How it Works: Under pure contributory negligence, if you are found to be even 1% at fault for the accident, you are completely barred from recovering any compensation from the other driver.
• Example: You are driving 2 miles per hour over the speed limit when another driver runs a red light and T-bones your car. A court determines you were 1% at fault for speeding, and the other driver was 99% at fault. In a contributory negligence state, that 1% of fault prevents you from collecting any money from the other driver for your injuries or vehicle damage.

What to Do Immediately After an At-Fault Accident

The steps you take in the minutes and hours following a crash can have a major impact on your ability to get compensation, even when you believe you caused the accident. Protecting your rights and documenting the facts is always important.

1. Step 1: Ensure Safety and Call for Help: Your first priority is everyone’s health and safety. If possible, move the vehicles to the side of the road to prevent further collisions. Turn on your hazard lights. Check on yourself, your passengers, and the people in the other vehicle. Call 911 immediately to report the accident and request medical assistance if anyone is injured.
2. Step 2: Exchange Information, But Don’t Admit Fault: You are legally required to exchange information with the other driver. Get their name, address, phone number, driver’s license number, and insurance information. Provide them with your information as well. However, it is crucial that you do not apologize or say things like, “This was all my fault.” Fault is a legal determination that will be made later. An on-the-spot admission can be used against you by the insurance companies, even if an investigation later reveals the other driver shared some of the blame.
3. Step 3: Document Everything: Use your smartphone to become your own investigator. Your documentation can be invaluable when filing a claim.

• Take Photos: Photograph the damage to all vehicles from multiple angles. Capture license plates.
• Document the Scene: Take wide shots of the intersection or road, including traffic signals, stop signs, road conditions (wet, icy), and any skid marks.
• Get Witness Information: If anyone saw the accident, ask for their name and phone number. Independent witness testimony can be very powerful.
• Write Down Notes: As soon as you can, write down everything you remember about how the accident happened while it is fresh in your mind.

1. Step 4: Report the Accident to Your Insurance Company: Contact your insurance agent or the company’s claims hotline as soon as possible. Most policies require you to report an accident in a timely manner. Be honest and stick to the facts of what happened. Your insurer needs this information to begin processing claims, whether it’s paying for the other driver’s damages under your liability coverage or paying for your own losses under your MedPay, PIP, or Collision coverage.

Can You Still File a Lawsuit if You Were Partially At-Fault?

A common question is whether you give up your right to sue if you share some of the blame. In the vast majority of states that use a comparative negligence system, the answer is yes, you can still file a lawsuit, provided your percentage of fault does not exceed the state’s legal threshold.

Filing a lawsuit in a shared-fault situation is about proving that the other driver was also negligent and that their negligence contributed to your injuries and damages. The goal of the lawsuit is to get a legal determination of the fault percentages and secure a financial award for the portion of damages the other driver is responsible for.

This is where a personal injury attorney can be extremely helpful. An experienced lawyer can:

• Investigate the Crash: They can hire accident reconstruction experts to analyze the physical evidence and prove the other driver’s share of fault.
• Gather Evidence: They will collect police reports, medical records, witness statements, and traffic camera footage to build a strong case.
• Negotiate with Insurance Companies: Insurance adjusters often try to place as much blame as possible on the other party to minimize their payout. An attorney will fight back against an unfair fault assessment and negotiate for a fair settlement.
• Represent You in Court: If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial to let a judge or jury decide.

Consider a scenario where you were changing lanes and sideswiped a car that was speeding excessively in your blind spot. While you may be partially at fault for an unsafe lane change, the other driver is also at fault for speeding. In a modified comparative negligence state, if an investigation shows you were 40% at fault and the other driver was 60% at fault, you could successfully sue and recover 60% of your total damages.

Long-Term Financial and Legal Considerations

An at-fault accident can have consequences that extend beyond the immediate repairs and medical bills. Understanding these long-term effects can help you make better decisions about your insurance and legal options.

The Impact on Your Insurance Premiums

One of the most certain outcomes of an at-fault accident is an increase in your car insurance premiums. Insurance companies see an at-fault claim as an indicator of higher risk, and they adjust your rates accordingly. The amount of the increase depends on several factors, including the severity of the accident, your driving record, and your insurance provider. Some insurers offer “accident forgiveness” programs, which may prevent a rate hike after your first at-fault accident, but this is not a standard feature on all policies.

Dealing with Subrogation

Subrogation is a term for the process where an insurance company seeks to recover money it paid out for a claim from the party responsible for the damages. If you were partially at fault, you might encounter subrogation. For example, let’s say your insurance company paid $5,000 under your Collision coverage to fix your car. Later, it is determined the other driver was 40% at fault. Your insurance company may then pursue the other driver’s insurer to recover 40% of what they paid you ($2,000). This process can also work in your favor to help you recover your deductible.

When to Consult a Car Accident Attorney

Even if you are certain the accident was your fault, a consultation with a car accident attorney can be a wise decision. You should strongly consider seeking legal advice if:

• Your Injuries are Serious: If you have significant medical bills and lost wages, an attorney can help ensure you are maximizing all available sources of compensation from your own policies.
• Fault is Disputed: If you believe the other driver shares blame but the insurance company is placing 100% of the fault on you, an attorney can fight that determination.
• There are Multiple Parties Involved: Accidents involving more than two vehicles or a commercial truck can become very complex.
• You are Unsure of Your Rights: An attorney can explain your state’s laws and review your insurance policy to help you understand all your options.

Conclusion

The belief that causing a car accident leaves you without any financial recourse is a damaging myth. While you cannot claim compensation from the other driver’s liability insurance if you are entirely at fault, your own insurance policy contains critical coverages designed for this exact situation. Policies like Medical Payments, Personal Injury Protection, and Collision coverage serve as your financial safety net, providing payment for medical bills and vehicle repairs regardless of who was responsible for the collision.

Furthermore, fault is rarely an all-or-nothing proposition. In many incidents, responsibility is shared. The comparative negligence laws adopted by most states ensure that you may still be able to recover a portion of your damages from another driver, as long as your share of the blame does not bar you from a claim under your state’s specific rules. This makes it essential to avoid admitting fault at the scene and to allow a proper investigation to unfold.

Your next steps are clear. Take the time to review your own auto insurance policy today. Understand the limits of your MedPay, PIP, and Collision coverages, and consider increasing them if they seem inadequate. If you have been in an accident where fault is in question or your injuries are significant, do not hesitate to seek guidance. Consulting with a knowledgeable car accident attorney can provide clarity on your rights and help you secure the full compensation you are entitled to receive. Contact us today for a free case evaluation.