Do Both Parties Share Insurance in a Car Accident
Fault can be split between both drivers, and each insurer only pays for the share of blame it assigns to its own driver.
Both drivers can share the blame, and the insurance follows that split
In many accidents, one driver is found fully at fault and their insurer pays the other driver's claim. But it's common for an adjuster, or a court, to decide both drivers contributed to the crash. When that happens, each driver's share of fault gets assigned a percentage, and the payout from each insurer is reduced by that driver's own share.
How this plays out depends on your state's rule for shared fault. Some states cut off any recovery once a driver's share crosses a certain point. Others simply reduce what each side collects in proportion to their share, no matter how high it is. Your insurer or agent can tell you which rule applies where you live.
Your state's fault rule decides how much this matters
States handle shared fault in different ways, and the difference changes what you actually collect. In a state that reduces recovery proportionally, you can still collect something even if you were mostly at fault, just less of it. In a state with a cutoff, being found more at fault than the other driver can mean you collect nothing at all.
A few states go further and say that if you share any fault, you can't collect from the other driver's insurer. That rule is less common, but it exists, and it makes the fault finding far more consequential there than elsewhere.
Your insurer applies whatever rule your state uses when it settles your claim, and the other driver's insurer does the same for theirs. Ask your agent which category your state falls into before you assume either outcome.
Who decided the split, and whether you agree with it
The fault percentages usually come from the insurance adjusters first, based on the police report, the damage, and any witness statements. If both insurers agree on a split, that's typically what each claim is paid on.
If you think your share of fault is too high, you can push back. Ask the adjuster what the split was based on and what evidence would change it. A dashcam video, a witness who wasn't in the original report, or a different reading of the traffic code can all shift the percentage.
If the insurers can't agree, or you can't agree with your own insurer's finding, the dispute can end up in front of a court, which will set its own split. That takes longer and usually only makes sense when the amount at stake is significant.
Questions people ask about this
Can I still file a claim if I was partly at fault for the accident?
In most states, yes, though how much you recover depends on your state's rule for shared fault. Some reduce your payout by your percentage of fault. A few bar you from collecting anything once your share passes a certain point. Check with your insurer which applies to you.
Who decides the percentage of fault in a car accident?
Insurance adjusters usually make the first determination, using the police report, vehicle damage, and any statements from the drivers or witnesses. If the insurers disagree or a driver contests the finding, a court can ultimately decide it instead.
Does shared fault raise my insurance rates even if I didn't cause most of the crash?
It can, because many insurers look at whether you were assigned any percentage of fault, not just whether you were the main cause. Ask your insurer how they treat a partial fault finding before you assume it won't affect your renewal.
What happens if the other driver's insurer disagrees with my insurer about fault?
Each insurer can reach its own conclusion about fault, and when they disagree, the claim can take longer to resolve. Some states have processes for insurers to arbitrate these disputes between themselves, separate from what you're told directly.
Should I get my own accident report done if I disagree with the police report's fault finding?
If you have evidence the police report didn't capture, such as photos, a witness, or a dashcam recording, give it to your insurer as soon as possible. The original report carries weight, but it isn't always the final word on fault.
See what other drivers in a similar situation are paying before your renewal comes due.
Pull out your accident paperwork and find the fault percentage your insurer or the police report assigned to you. Call your insurer and ask directly how that percentage affects what you'll be paid and whether it will affect your premium at renewal. If you disagree with the split, ask what evidence would change it and gather anything you have, photos, witness contact information, a dashcam file, before you call. Ask your agent which fault rule your state follows, since that determines how much the percentage actually costs you. If the amount at stake is large and you can't resolve it with the adjuster, ask what your options are for disputing it formally.
