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 will usually go up by an average of 20%.

What does it mean to be found “at fault” in an accident?

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 in an accident, 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)

Tailgating a vehicle by following it too closely

Ignoring traffic signals, such as traffic lights, stop signs, or yield signs

How much does car insurance go up after an at-fault accident?

After an at-fault accident, your

car insurance rates

will typically increase by about 20% for three to five years.

Most auto insurance providers will add a surcharge to your car insurance premiums for having an at-fault accident on your driving record. The resulting rate increase will follow 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 users to learn more about how an at-fault accident affects monthly car insurance costs. Here’s what they found:

Insurance company	Average rates	Average after at-fault accident	% change
AAA	$160	$195	22%
Allstate	$142	$161	13%
Clearcover	$98	$116	18%
Founders	$113	$135	20%
Gainsco	$160	$199	24%
MAPFRE	$136	$157	16%
National General	$152	$184	21%
Nationwide	$108	$128	18%
Progressive	$129	$153	19%
Safe Auto	$161	$199	23%
State Auto	$110	$134	21%
Travelers	$100	$105	5%

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.

Paying too much for insurance after an at-fault accident?

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How to lower your car insurance rates after an at-fault accident

Even after a minor accident, it can be hard to find cheap car insurance. However, there are a couple of things you can do to lower your insurance premiums:

Shop around: 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 to you for your insurance policy. You can shop around on your own, or you can simplify the process by using an independent broker like

Jerry

Increase your deductible: A higher

car insurance deductible

corresponds to lower rates on your car insurance. Just keep in mind that you’ll need to pay your deductible out-of-pocket in the event of another accident, so don’t raise it more than you can afford.

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 further 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. Drivers with poor credit (524-577) pay 44% more than drivers with fair credit and 115% more than drivers with excellent credit.

Lower your coverage levels: As a last resort, you may also choose to drop full coverage on one or more of your vehicles to lower your rates. But while this will help you save on the overall cost of your insurance, it also leaves you financially vulnerable in the event of another accident.

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 accident in which you were declared at fault. However, some of these programs need to be added to your auto insurance policy before your first accident. If you think you may qualify for accident forgiveness, check with your current provider to see if it’s included in your current insurance coverage.

Who determines fault after an accident?

After an accident, an insurance adjuster will be appointed by each driver’s insurance company. to determine fault. 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

You should gather as much evidence as possible after an accident, since it may help adjusters determine that you were not at fault.1

Can both drivers be at fault?

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.

For example: Driver A is driving unsafely. They are speeding and run a stop sign. Meanwhile, Driver B is distracted by their GPS and doesn’t see Driver A coming. The two drivers end up in a collision. Driver A might be assigned 80% fault while Driver B might be assigned 20% fault.

The way a situation like this is handled financially will depend on your state’s fault laws:

Contributory negligence: Under contributory negligence laws, any driver found even 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 50-51% at fault for the accident.

Here are the states that have these laws:

Negligence law	States
Contributory	AL, DC, ME, NC, VA
Pure comparative	AK, AZ, CA, FL, KY, LA, MS, MO, NM, NY, RI, WA
Modified comparative	AR, CO, CT, DE, 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 from state to state, but in most cases, the other driver in an accident has 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, you should hire an experienced car accident attorney to help you.

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 12

no-fault states

in the US.

In an at-fault state, you’ll 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 will typically be 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 covered in at-fault states.2

Learn more:

What to do if you’re in a car accident without insurance but not at fault

FAQ

Can you dispute an at-fault accident?

If you’re found at fault in an accident but you disagree with that finding, you can dispute the decision. This usually involves presenting more evidence and/or proving that the original evidence was flawed in some way. In some cases, you may also need to hire a car accident lawyer to help you dispute the finding.

How long does an at-fault accident stay on your insurance record?

Most at-fault accidents will stay on your insurance record for three to five years, though the exact amount of time will depend on the state you live in and the insurance provider you choose. In some cases, a severe accident may stay on your record for up to seven years, but this is rare.

Does Progressive offer accident forgiveness?

Yes,

Progressive

offers accident forgiveness to customers who have (1) been with Progressive for at least five years, and (2) have remained accident- and violation-free for at least five years.

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.

Amy Bobinger

Licensed Insurance Agent — Expert Insurance Editor

Expert insurance writer and editor Amy Bobinger specializes in car repair, car maintenance, and car insurance. Amy is passionate about creating content that helps consumers navigate challenges related to car ownership and achieve financial success in areas relating to cars.

Amy has over 10 years of writing and editing experience. After several years as a freelance writer, Amy spent four years as an editing fellow at WikiHow, where she co-authored over 600 articles on topics including car maintenance and home ownership. Since joining Jerry’s editorial team in 2022, Amy has edited over 2,500 articles on car insurance, state driving laws, and car repair and maintenance.

SOURCES

https://www.forbes.com/advisor/car-insurance/determining-fault-after-accident/

https://www.kgglaw.com/personal-injury-resources/can-you-sue-in-a-no-fault-state/