If someone on the road causes a collision due to negligence or unsafe driving, they are considered at fault. After an accident, the at-fault driver’s car insurance rates rise by an average of 35%.
Define “at fault”
An “at-fault accident” refers to a collision caused by a driver’s failure to exercise proper care and caution. When you’re found at fault, it’s your responsibility to pay for damages, medical bills and other losses suffered by the other driver.
Reasons that you may be found at fault after an accident include:
- Driving under the influence.
- Speeding or otherwise failing to obey the rules of the road.
- Distracted driving (such as texting, eating or talking on the phone).
- Following a vehicle too closely.
- Ignoring traffic signals, such as traffic lights, stop signs or yield signs.
Fault vs. no fault states
Each state adheres to either a no-fault or at-fault auto insurance system. In no-fault states, one’s own insurer covers losses, regardless of fault. In at-fault states, the responsible driver pays for damages.
Who determines fault in a car accident?
After an accident, an insurance adjuster is appointed by each driver’s insurance company to determine fault — even in no-fault states. In some cases, however, the matter of fault may be decided in court.
Several factors may help adjusters determine fault after an accident, including:
- The police report.
- Eyewitness accounts.
- Dashcam footage.
- Photos and videos of the scene of the accident.
- Evidence from the accident scene, such as skid marks.
- The location and type of damage.
Can both parties be at fault in an accident?
Often, both drivers will be found to have some degree of fault for an accident. In these instances, drivers will be assigned fault in percentages.
Example: Driver A is speeding and runs a stop sign. Meanwhile, Driver B is distracted by their GPS and doesn’t see Driver A coming. The two drivers collide. Driver A might be assigned 80% fault while Driver B might be assigned 20% fault.
The way a situation like this is handled financially depends on your state’s fault laws:
- Contributory negligence: Under contributory negligence laws, any driver found partially at fault in an accident cannot receive compensation from other drivers involved in the accident.
- Pure comparative fault: Under pure comparative fault laws, victims of accidents can always try to get compensation from the other driver — even if they were partially at fault themself. In a pure comparative fault state, Driver A could still claim 20% for property damages.
- Modified comparative fault: Under modified comparative fault laws, drivers found partially at fault for their own injuries in an accident can receive compensation for a portion of the damages as long as the other driver was at least 50% to 51% at fault for the accident.
Here are these laws by state:
| Negligence Law | States |
|---|---|
| Contributory | AL, DC, MD, NC, VA |
| Pure comparative | AK, AZ, CA, KY, LA, MS, MO, NM, NY, RI, WA |
| Modified comparative | AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, ME, MA, MI, MN, MT, NE, NV, NH, NJ, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, WV, WI, WY |
| Slight-gross comparative negligence | SD |
How long after an accident can you be sued for being at fault?
Time limits for filing a car insurance claim vary between states, but in most cases, drivers have between two and four years to file a lawsuit.
These cases can typically be settled out of court. However, if a lawsuit is brought against you after a car accident, it may be wise to hire an attorney.
How much does your insurance premium increase after an accident?
After an at-fault accident, your car insurance rates will typically increase by about 35% for three to five years.
Most auto insurance providers add a surcharge to your premium for having an at-fault accident on your driving record. The resulting rate increase follows you to different car insurance companies, but some companies offer better rates after an accident claim than others.
Our experts analyzed thousands of car insurance policies purchased by Jerry customers to learn more about how an at-fault accident affects monthly car insurance costs. Here’s what they found.
Insurance costs for drivers with clean records
Here are the five insurers that charge the lowest rates to drivers with clean records, according to Jerry’s quote data.
|
Insurance Company
|
Avg Monthly Quote
|
Avg Annual Quote
|
|---|---|---|
| Aspire Advantage | $122 | $1,460 |
| Grange | $122 | $1,470 |
| Anchor General | $169 | $2,032 |
| Bluefire | $171 | $2,058 |
| Commonwealth Insurance | $174 | $2,085 |
Insurance costs for drivers with at-fault accidents with no injury
Here are the five insurers that charge the lowest rates to drivers with an at-fault accident without injury on their records, according to Jerry’s quote data.
|
Insurance Company
|
Avg Monthly Quote
|
Avg Annual Quote
|
|---|---|---|
| Aspire Advantage | $128 | $1,538 |
| Anchor General | $162 | $1,946 |
| Bluefire | $216 | $2,590 |
| Commonwealth Insurance | $244 | $2,932 |
| Safeco | $248 | $2,974 |
Insurance costs for drivers with at-fault accidents with injury
Here are the five insurers that charge the lowest rates to drivers with an at-fault accident with injury on their records, according to Jerry’s quote data.
|
Insurance Company
|
Avg Monthly Quote
|
Avg Annual Quote
|
|---|---|---|
| Aspire Advantage | $136 | $1,629 |
| Commonwealth Insurance | $154 | $1,850 |
| Bluefire | $178 | $2,137 |
| Anchor General | $194 | $2,323 |
| Dairyland | $224 | $2,684 |
Even after this surcharge is removed, you won’t qualify for safe driver discounts for quite a while after an at-fault accident. That means that your auto insurance rates may still be higher for some time.
What about accident forgiveness?
Some auto insurance companies like Geico, Allstate and Nationwide offer accident forgiveness programs that prevent insurance rate increases after your first at-fault accident. However, some of these programs must be added to your auto insurance policy before your first accident. If you think you may qualify for accident forgiveness, check with your provider to see if it’s included in your coverage.
How to avoid insurance cost increases after an accident
Even after a minor accident, it can be hard to find cheap car insurance. Here are some ways to lower your car insurance rates after an at-fault accident:
- Get multiple quotes: The best way to combat higher rates after an accident is to shop for quotes from several insurance companies. That way, you’ll be certain that you’re getting the best rates available.
- Keep a clean driving record: While an at-fault accident is certainly a black mark on your driving history, avoiding minor charges like speeding tickets will help you avoid additional rate hikes. You can also ask your insurance provider about a telematics device, which can monitor your habits and even reward you for safe driving.
- Maintain good credit: Many insurance companies use your credit score as a factor in determining your rates, as a low credit score poses a higher risk to insurance providers.
- Seek discounts: Car insurance discounts can help lower your premium. Examples include bundling (combining multiple insurance policies with one company), good student and pay-in-full.
Jerry insight
You can save money by lowering your deductible or reducing your coverage amount, but in both cases, your out-of-pocket costs will be higher if you’re involved in an accident. Try to balance an affordable monthly bill with a deductible and coverage whose impact won’t be detrimental to your finances.
Does fault still matter in no-fault states?
Being found at fault for an accident is different in an at-fault state than it is in the no-fault states.
In an at-fault state, you receive compensation for things like medical bills and lost wages from the at-fault driver. If you live in a no-fault state, however, you’ll typically receive compensation for any medical bills from your own insurance provider, regardless of who was at fault.
As a result, drivers in no-fault states are typically required to carry higher minimum amounts of car insurance, including personal injury protection (PIP) and/or MedPay to account for their additional responsibilities. In some cases, drivers in no-fault states may also be able to file a lawsuit against the at-fault driver for damages that are covered in at-fault states
Learn more: What to do if you’re in a car accident without insurance but not at fault
FAQ
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Can you fight an at-fault accident?
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How long does at-fault accident stay on your insurance record?
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Does full coverage cover at-fault accidents?
Methodology
Data included in this analysis comes from policies that Jerry has quoted within the last 18 months. Jerry services 48 states and offers a range of insurance companies to choose from.
Megan Lee is an editor, writer, and SEO expert who specializes in insurance, personal finance, travel, and healthcare. She has been published in U.S. News & World Report, USA Today and elsewhere, and has spoken at conferences like that of NAFSA: Association of International Educators. Megan has built and directed remote content teams and editorial strategies for several websites, including NerdWallet. When she`s not crafting her next piece of content, Megan adventures around her Midwest home base where she likes to drink cortados, attend theme parties, ride her bike and cook Asian food.
Annie is a writer and editor at Jerry and has more than a decade of experience writing and editing digital content. Before joining Jerry, she was an assistant assigning editor at NerdWallet, where she covered loans. Previously, she worked at USAA and newspapers in Minnesota, North Dakota, California, and Texas. She holds a bachelor’s degree in journalism from the University of Minnesota.
