What Is an At-Fault Accident?

An at-fault accident is one in which you or your insurance company must pay for the damages. If you are found to be at fault in an accident, it will frequently affect your auto insurance rates.

Definition and Examples of At-Fault Accidents

An "at fault" accident is one that is the fault of the driver. It could be the result of an action they took or a failure to act.

Even if the police or your insurance company assigns 51% of the blame to you and 49% to the other party, you are still considered the at-fault driver. However, some types of accidents are more obvious in terms of liability and fault.

Rear-Ending Another Car

If you hit the back of the car in front of you, you may have been driving too aggressively or following too closely. When this occurs, insurance companies frequently assume you are at fault.

Driving Under the Influence

If you were driving under the influence (DUI) or driving while intoxicated, any statement you make about your accident will be questioned (DWI). Drunk driving is such a dangerous practice that most insurance companies will immediately raise your rates. If you get a DUI or DWI, your license can be suspended in 42 states.

Not Obeying Traffic Signals

If you fail to follow traffic and obey signals, signs, or directives, you commit a "moving violation." Driving through a red light, failing to yield, rolling through stop signs, and driving the wrong way down a one-way street are all examples of moving violations.

If you ignore traffic signs or signals and then crash, your insurance company will assume you're at fault. These types of violations can also result in the addition of points to your license. More points can lead to higher insurance rates.

Using a Cell Phone While Driving

While using your phone while driving is not illegal in all states, texting while driving is prohibited in 48 states and the District of Columbia as of 2021.

Being on your phone does not always imply that you were at fault in an accident, but you should be truthful when telling police what you were doing at the time of the accident.

How Does At-Fault Accident Insurance Work?

Insurance companies use the legal concept of negligence to determine who is at fault in an accident. This means you failed to act in the way that a reasonable person would act in the same situation.

Your insurance company may use "comparative negligence" or "contributory negligence" to assign a percentage of fault to each driver involved in the accident. The amount you receive may be reduced depending on how much your actions contributed to the incident.

Although each state is distinct, most insurance policies are fault-based. States where this is the case are referred to as "tort" states.

In tort states, the at-fault driver's insurance company pays for repairs, medical expenses, and other costs. In no-fault states, the insured person's medical expenses are covered by their insurance company up to a certain amount. The at-fault driver's insurance covers property damage.

What It Means if You're in an At-Fault Accident

The best way to avoid being at fault is to follow the rules of the road and drive safely. However, you may be found to be at fault at times. You might make a decision in a split second that turns out to be incorrect.

If you're in a car accident, the best thing you can do is not admit fault at the scene. Exchange insurance information and take photos of the damage. Wait for the cops to arrive. Then tell the truth about what happened.

The insurance adjuster will look over your version of events, as well as the police report, the other party's version of events, and the extent of the damage. They'll then decide who was at fault.

Make certain you are aware of your state's minimum car insurance requirements. If you are found to be at fault, you should have full coverage for personal liability and property damage liability. If your insurance does not cover the damage to people or property caused by an accident, you may be sued for the additional costs.

An accident cannot always be avoided. When this happens, your insurance rates will almost always go up. However, there are precautions you can take to avoid being the cause of a collision. While driving, put your phone away. Avoid using alcohol or drugs that may impair your driving ability. Follow all traffic laws and safety regulations.