Comparative Fault Calculator
Being partly at fault does not always end your claim, but it can change what you recover, and in a few states it can erase it entirely. Pick your state and enter the numbers to see how your fault share affects your payout. Free, instant, and no sign-up.
Sets which fault rule applies to your claim.
Your recovery is reduced by your share of fault, even if you were mostly to blame.
What the claim would be worth if you were not at fault at all.
Your estimated percentage of the blame. This is usually negotiable.
General information only, not legal advice. Fault percentages are negotiated and outcomes vary. A local attorney can value your specific case.
The four fault rules, and which states use them
Every state follows one of these approaches to shared blame. The difference can be the whole case, so it pays to know yours.
| Rule | What it means | States and jurisdictions |
|---|---|---|
| Pure contributory negligence | If you are found even 1% at fault, you recover nothing. This is the strictest rule in the country. | Alabama, District of Columbia, Maryland, North Carolina, Virginia |
| Pure comparative negligence | Your recovery is reduced by your share of fault, even if you were mostly to blame. At 30% fault you keep 70%. | Alaska, Arizona, California, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, Washington |
| Modified comparative, 50% bar | Your recovery is reduced by your fault, but you recover nothing once you are 50% or more at fault. | Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah |
| Modified comparative, 51% bar | Your recovery is reduced by your fault, but you recover nothing once you are 51% or more at fault. | Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, Wyoming |
| Slight/gross negligence | South Dakota uses a unique rule: you can recover only if your own negligence was slight compared with the other side's. | South Dakota |
How fault affects your recovery
Five steps from the full value of a claim to what actually reaches you.
Start with the full value
Begin with what the claim would be worth if you were not at fault at all.
Find your state rule
States follow one of four rules, from pure comparative to pure contributory.
Estimate your share
Fault is negotiated from the facts: the police report, witnesses, and evidence.
Apply the reduction
Your recovery drops by your fault percentage, unless a bar rule zeroes it out.
Let a lawyer push back
Insurers inflate your share on purpose. A good attorney fights the percentage itself.
Fault questions, answered
How shared blame works, in plain language. For your case, a local attorney can go deeper.
It is the rule that decides how sharing blame affects your payout. In most states, being partly at fault reduces your recovery by your percentage. In a few states, any fault at all can bar you completely.
It is not fixed. Fault is argued from the evidence, the police report, witness accounts, and the law, and it is often negotiated with the insurer. That is why the exact percentage is worth fighting for, and why it helps to have an attorney.
Alabama, Maryland, North Carolina, Virginia, and the District of Columbia follow pure contributory negligence, where being even 1% at fault can bar recovery. The rest use some form of comparative negligence.
Both reduce your recovery by your fault. Under a 50% bar you recover nothing at 50% or more. Under a 51% bar you recover nothing only once you pass 50%, so being exactly half at fault can still allow a claim.
No. It applies your state's general rule to the numbers you enter. Your real recovery depends on the negotiated fault percentage, the evidence, and the policy limits. Use it to understand the rule, then let a local attorney value the specifics.
Keep going
Being blamed for your own injury?
Insurers inflate your fault on purpose. Connect free with a local attorney who can push back.
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