Glossary

Comparative negligence

A fault rule that reduces an injured person's recovery by their own share of blame for a crash, instead of barring recovery entirely.

Also called: comparative fault, pure comparative negligence, modified comparative negligence

Comparative negligence is the rule most states use to divide responsibility when more than one driver contributed to a crash. Each party is assigned a percentage of fault, and an injured person's damages are reduced by their own percentage. It replaced the older, harsher contributory negligence rule in most of the country.

There are two main versions. Under pure comparative negligence, you can recover something even if you were mostly at fault: with $50,000 in damages and 70% of the fault, you can recover $15,000. California and New York follow this approach. Under modified comparative negligence, you recover nothing once your share of fault reaches a bar, set at 50% or 51% depending on the state. Florida moved from pure to modified comparative negligence in 2023, so a Florida claimant found more than 50% at fault now recovers nothing.

Insurers apply the same logic when they negotiate claims, assigning fault percentages and reducing payments to match, which is why the evidence you collect at the scene matters. An insurer's fault decision is related to, but not the same as, a court's finding of negligence. For a dispute over a serious injury, a licensed attorney can explain how your state's rule applies. See comparative vs contributory negligence.

Last reviewed October 4, 2026

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Related terms

Contributory negligence A strict fault rule that bars an injured person from recovering any damages if they were even slightly to blame for the crash. Negligence Failing to use the care a reasonable person would use, causing harm to someone else; the legal basis for most car accident claims. At-fault accident A crash in which you are found mainly responsible, which your liability coverage pays for and which usually raises your premium at renewal. Tort A civil wrong, such as careless driving, that injures someone and gives the injured person the right to sue for money damages. At-fault state A state where the driver who caused a crash, through their liability insurance, pays for other people's injuries and property damage.

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Comparative vs contributory negligence How states split blame for a crash, from contributory negligence to pure and modified comparative fault, with a state-by-state list and worked examples. Dash cams and car insurance How dash cam video settles fault and exposes staged crashes, why it rarely cuts your premium, where you can mount one, and how to save footage. Do you pay a deductible if the accident was not your fault? No deductible if the other driver's insurer pays; you pay it upfront if you use your own collision coverage, then get it back through subrogation. First-party vs third-party claims The difference between claiming on your own policy and claiming against the at-fault driver's insurer, and how to choose when the other driver caused the crash. Why Florida car insurance is so expensive Florida had the highest average car insurance spending in the U.S. in 2023. Why, what the 2023 tort reform changed, and why rates are now falling. How fault is determined in a car accident How adjusters assign fault using traffic laws and evidence, how shared-fault rules change what you collect, and how to dispute a fault decision.