Can Both Parties Be at Fault in an Accident
Insurers and courts can assign a share of the fault to each driver, and that share changes what each side can collect.
Yes, fault can be shared between both drivers
Most states use some form of comparative or contributory negligence, which means an adjuster or a court can find that both drivers did something that contributed to the crash. One driver might be found mostly at fault and the other partly at fault. The split is usually written as a percentage for each side.
This matters because what you can recover, and what you owe, often depends on that percentage. A driver who was fifteen percent at fault still gets treated differently than one who was found entirely blameless. How much differently depends on the rule your state follows.
Your state's fault rule decides how much it matters
States handle shared fault in different ways, and the difference is significant. Some follow pure comparative negligence, where you can still recover something even if you were mostly at fault, just reduced by your share. Others follow a modified version, where you lose the right to recover anything once your share of fault crosses a certain point.
A smaller number of states follow contributory negligence, where any fault on your part, even a small amount, can bar you from recovering anything at all. These states are the exception, but if you live in one, the stakes of a shared-fault finding are much higher.
You can ask your insurer or check with your state's insurance department which rule applies where you live. It's worth knowing before a claim happens, not after, because it shapes how hard you push back on a fault determination.
Who decides the split, and what you can do about it
The percentage split usually starts with the insurance adjusters looking at the police report, photos, witness statements, and the damage itself. Each insurer may propose a different split for their own driver, and the final number often gets negotiated between them.
If you disagree with the percentage you've been assigned, you can present your own evidence. Dashcam footage, photos of the scene, and witness contact information all help. A fault percentage isn't always fixed the moment it's first proposed.
If the two insurers can't agree, or if the amount at stake is large enough, the matter can end up in front of a judge, who will make the final call. Most shared-fault claims get resolved between the companies before it reaches that point.
Questions people ask about this
Does shared fault always raise both drivers' insurance rates?
Not always, and it depends on your insurer and your state. Some insurers only raise rates when a driver is found more than half at fault, others adjust rates for any share of fault at all. Ask your insurer how they handle partial fault specifically, since their answer may differ from a competitor's.
Can I still file a claim if I was partly at fault for the accident?
In most states, yes. Comparative negligence rules let you recover a reduced amount based on your share of fault. The exception is in contributory negligence states, where even minor fault can block a claim entirely. Check which rule your state follows before assuming either way.
How is the fault percentage in a car accident actually calculated?
There's no fixed formula. Adjusters weigh the police report, traffic laws that applied, witness accounts, and physical evidence like skid marks or vehicle damage. Two adjusters can start from different numbers and negotiate toward an agreed split.
Can a police report be wrong about who caused the accident?
Yes, a police report is one piece of evidence, not a final ruling on fault. Officers write what they observe or what's reported to them at the scene, and they can get details wrong or incomplete. You can dispute a report's account when you file your claim.
Will a shared-fault accident show up on my driving record?
Whether it appears on your record depends on your state's DMV rules and whether you were cited for a violation. A fault percentage assigned during a claim is separate from any citation, so ask your state's DMV how it records accidents where fault was split.
If a shared-fault accident is about to affect your rate, see what other insurers would charge you instead.
Get a copy of the accident report and read exactly how it describes what happened. Call your insurer and ask directly what fault percentage they've assigned and how they arrived at it. If you have photos, dashcam video, or witness information, send it to them in writing so it's part of your file. Ask your insurer plainly whether this accident will affect your renewal rate and by how their underwriting treats shared fault. If the percentage feels wrong, ask what their process is for disputing it before the claim closes. Once you know how your current insurer is treating it, it's worth comparing what other insurers would quote you for the same record.
