An authoritative, practical resource for drivers, victims, and content publishers. (Updated: November 2025)
Table of Contents
- Quick Action Checklist (What to Do at the Scene)
- Immediate Medical & Evidence Steps
- Reporting, Police, and Insurance: Who to Call and When
- Legal Systems That Change How Fault and Recovery Work
- State-by-State Fault Rule Summary (All 50 States)
- How Fault Affects Compensation and Settlements
- Common Injuries from Car Accidents
- Evidence That Matters
- Working with Insurers & Adjuster Tactics
- When to Hire an Attorney & What They Do
- Statute of Limitations (Time to Sue)
- FAQs
- Resources & References
Quick Action Checklist (What to Do at the Scene)
- Ensure safety: move to a safe location if the vehicles are drivable and it’s safe to do so.
- Call 911 if anyone is injured or if there is substantial property damage.
- Exchange contact, insurance, and vehicle information with the other driver(s).
- Take photos and videos of the scene (vehicle positions, damage, skid marks, traffic signs, lighting).
- Get names and phone numbers of witnesses.
- Avoid admitting fault or making statements like “I’m sorry” that could be construed as accepting blame.
- Seek medical attention immediately for any injury or symptom — even if you think you are “okay.”
- Notify your insurer according to your policy requirements.
Immediate Medical & Evidence Steps
- Get medical care: document every visit, diagnosis, treatment, and referral.
- Keep contemporaneous notes of symptoms, pain, medication, and how injuries affect daily life.
- Preserve digital evidence: dashcam files, phone photos, messages, or app data (rideshare), and vehicle telematics if available.
- Request the police report number and instructions for obtaining the full report.
Reporting, Police, and Insurance: Who to Call and When
- If injury or major damage: call 911 and request police at the scene.
- For minor crashes, many states still require driver exchange and/or crash report filing within a set time.
- Notify your insurance company as required by your policy — many policies require prompt notice and have specific deadlines.
Legal Systems That Change How Fault and Recovery Work
Pure Comparative Negligence
- Plaintiffs can recover damages even if they are mostly at fault; recovery is reduced by their percentage of fault. Examples include California, Florida, and New York.
Modified Comparative Negligence
- Plaintiffs can recover only if their fault is below a threshold (commonly 50% or 51%). If the plaintiff’s share exceeds the threshold, recovery is barred.
Contributory Negligence
- If the plaintiff is at all at fault (even 1%), they are barred from recovery. Only a few states retain this system.
No-Fault Insurance / Personal Injury Protection (PIP)
- In no-fault states, each party typically claims first-party benefits (medical, wage loss) from their own insurer regardless of fault. Suits for pain and suffering may be limited unless injuries meet a statutory threshold.
State-by-State Fault Rule Summary (All 50 States)
| State | Fault Rule |
|---|---|
| Alabama | Contributory negligence — any fault by plaintiff bars recovery. |
| Alaska | Pure comparative negligence |
| Arizona | Pure comparative negligence |
| Arkansas | Modified comparative (50% bar) |
| California | Pure comparative negligence |
| Colorado | Modified comparative (50% bar) |
| Connecticut | Modified comparative (51% bar) |
| Delaware | Modified comparative (51% bar) |
| Florida | Pure comparative negligence |
| Georgia | Modified comparative (50% bar) |
| Hawaii | Pure comparative negligence |
| Idaho | Modified comparative (50% bar) |
| Illinois | Modified comparative (51% bar) |
| Indiana | Modified comparative (51% bar) |
| Iowa | Modified comparative (51% bar) |
| Kansas | Pure comparative negligence |
| Kentucky | Modified comparative (51% bar) |
| Louisiana | Pure comparative negligence |
| Maine | Modified comparative (50% bar) |
| Maryland | Contributory negligence |
| Massachusetts | Modified comparative (51% bar) |
| Michigan | Modified comparative (50% bar) |
| Minnesota | Pure comparative negligence |
| Mississippi | Modified comparative (51% bar) |
| Missouri | Modified comparative (51% bar) |
| Montana | Modified comparative |
| Nebraska | Modified comparative (51% bar) |
| Nevada | Modified comparative (51% bar) |
| New Hampshire | Pure comparative negligence |
| New Jersey | Pure comparative negligence |
| New Mexico | Pure comparative negligence |
| New York | Pure comparative negligence |
| North Carolina | Contributory negligence |
| North Dakota | Pure comparative negligence |
| Ohio | Modified comparative (51% bar) |
| Oklahoma | Modified comparative (51% bar) |
| Oregon | Modified comparative (51% bar) |
| Pennsylvania | Pure comparative negligence |
| Rhode Island | Pure comparative negligence |
| South Carolina | Modified comparative (50% bar) |
| South Dakota | Pure comparative negligence |
| Tennessee | Modified comparative (50% bar) |
| Texas | Modified comparative (51% bar) |
| Utah | Modified comparative (50% bar) |
| Vermont | Modified comparative (51% bar) |
| Virginia | Contributory negligence |
| Washington | Pure comparative negligence |
| West Virginia | Modified comparative (51% bar) |
| Wisconsin | Modified comparative (51% bar) |
| Wyoming | Pure comparative negligence |
No-Fault / PIP Insurance States
- Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah
How Fault Affects Compensation and Settlements
- Pure comparative states: recover reduced damages even if mostly at fault.
- Modified comparative states: barred if fault exceeds 50%/51%.
- Contributory states: any fault by the plaintiff bars recovery.
- No-fault states: PIP covers medical and wage-loss benefits; lawsuits for pain and suffering may be limited.
Common Injuries from Car Accidents
- Whiplash and soft-tissue injuries
- Concussions and traumatic brain injury (TBI)
- Spinal cord injuries (including paralysis)
- Fractures and dislocations
- Internal organ damage
- Psychological injuries: PTSD, anxiety, depression
Evidence That Matters
- Photos of damage, scene, and injuries
- Police reports
- Medical records and imaging
- Witness statements
- Event data recorder/vehicle telematics
- Surveillance or dashcam footage
- Repair estimates and receipts
Working with Insurers & Adjuster Tactics
- Consider consulting an attorney before giving recorded statements for serious injuries.
- Do not sign unnecessary medical releases.
- Keep meticulous records of all communications.
- Document medical causation clearly to avoid undervaluation.
When to Hire an Attorney & What They Do
- Serious injuries, disputed liability, low settlement offers, or complex issues.
- Attorneys investigate, collect evidence, calculate damages, negotiate, file suit, litigate, and appeal if needed.
Statute of Limitations (Time to Sue)
- Varies by state (commonly 2–3 years for personal injury).
- Special rules apply for suits against government entities.
- Missing deadlines typically destroys the right to sue.
FAQs
Q: Do I have to speak with the other driver’s insurer?
A: Not required for serious injuries; cooperate with your own insurer as needed.
Q: How much is my case worth?
A: Depends on damages, liability, jurisdiction, and comparable verdicts.
Q: Will my insurance go up after a claim?
A: Possibly, depending on fault and your insurer’s rating system.
Resources & References
- Cornell Legal Information Institute — Comparative Negligence Overview
- Justia — 50-State Survey on Comparative & Contributory Negligence
- Insurance Information Institute — No-Fault Auto Insurance
- Nolo — Comparative & Contributory Negligence Guides
- Experian / Consumer Resources — State Minimum Auto Insurance Requirements
