What Happens When Both People Are at Fault
Both drivers can be found at fault, and each one's insurance pays its share based on how much blame they're assigned.
Fault gets split by percentage, not by yes or no
When an accident investigation finds both drivers did something wrong, each one is assigned a share of the fault. That might be an even split, or it might be mostly one driver with a smaller share for the other. Each insurance company pays out according to that percentage.
How much this costs you depends on your state's rule for shared fault and on the percentage you're assigned. A driver found twenty percent at fault is in a very different position than one found found half at fault, and some states cut off recovery entirely past a certain share. What matters first is finding out how your state handles it.
Your state's fault rule decides what you can recover
States handle shared fault in different ways, and this is the single biggest thing that changes your outcome. Some states reduce your payout by your percentage of fault but still let you collect something, no matter how much blame you carry. Other states cut you off entirely once your share of fault passes a certain point, meaning you recover nothing even if the other driver was mostly responsible.
A few states still follow an older rule where any fault on your part, even a small share, can bar you from recovering anything from the other driver. This is rare, but it exists, and it makes the fault percentage the whole ballgame in those states.
Your insurer or your state's insurance department can tell you which rule applies where you live. It's worth asking directly, because the difference between a state that reduces your payout and one that bars it entirely is the difference between getting most of your claim covered and getting nothing.
If you're not sure which category your state falls into, ask your agent before you assume either outcome.
Who decides the percentage, and whether you can push back
The fault percentage usually comes from the insurance companies involved, based on the police report, photos, witness statements and the damage itself. It isn't a court ruling unless the case ends up in court, and that means the number isn't always final.
If you think your share of fault was set too high, you can dispute it. That usually means providing more evidence, a different witness account, dashcam footage, or anything that shows the other driver's role more clearly. Insurers do revise these percentages when new information comes in.
Your own driving record can also factor into how an adjuster reads the situation, especially if there's any ambiguity in what happened. A clean record won't change the physical facts of the crash, but it can matter in how closely your account is scrutinized.
If the two insurers can't agree on a split, the claim can take longer to resolve, and in some cases it ends up being settled through arbitration between the companies rather than a quick agreement.
Questions people ask about this
Will my insurance rate go up if I'm partly at fault?
Most insurers do count a partial-fault accident against you when it comes to renewal pricing. Whether it affects your rate, and by how much, depends on your insurer's rules and on the percentage of fault you were assigned. Ask your agent how your company treats shared-fault claims specifically, since some weigh it differently than a claim where you're found fully at fault.
Does a partial-fault accident count as an at-fault accident on my record?
In most cases, yes, any accident where you're assigned a share of fault is recorded as an at-fault accident, not a no-fault one. The exact percentage usually isn't what shows up on your record, just the fact that you were found partly responsible. Ask your insurer how they categorize it on your file.
Can I still file a claim if I was partly at fault?
Yes, you can file a claim even if you share some of the fault. What you recover depends on your state's rule for shared fault and the percentage you were assigned. Your own insurer can also pay out under your policy regardless of fault percentage, depending on your coverage.
What if the other driver's insurance disputes the fault split?
This happens often, and it means the two insurers negotiate the percentage between themselves, sometimes using additional evidence like photos, repair estimates or witness statements. If they can't agree, the dispute can go to arbitration or, in rarer cases, to court, which can extend how long the claim takes to settle.
Should I get my own accident report or witness statements if fault is split?
Gathering your own documentation can help if you think your assigned share of fault is too high. Photos, a written account while details are fresh, and contact information for any witnesses all give you something to point to if you need to dispute the percentage with your insurer.
See how a shared-fault accident might affect what you'd pay with a different insurer.
Call your insurer and ask two things: what percentage of fault you were assigned, and how your state's shared-fault rule applies to that percentage. Ask for this in writing if you can. If you think the split is wrong, start gathering anything that supports your account, photos, your own notes from the day, contact information for witnesses, and bring that to your adjuster before the claim is finalized. If the claim is taking a long time to resolve, ask whether the delay is because the two insurers are still negotiating the fault split. Once the claim is settled, it's worth comparing quotes to see how it affected your options going forward.
