How Fault Percentage Affects Your Costs
In most US states, comparative negligence rules mean you pay a share of damages proportional to your percentage of fault. If you are 30% at fault, you cover 30% of the other driver's repairs and any personal injury settlement, while they cover 70% of yours. Understanding this before negotiating with insurers helps you assess whether to accept a settlement or dispute the fault allocation.
How the Calculation Works
Your payment toward other's repairs = their repair cost × your fault %. Their payment toward your repairs = your repair cost × their fault %. Net liability = your total payments − what you receive. Note that your deductible may apply separately depending on your coverage.
Frequently Asked Questions
Your uninsured motorist property damage (UMPD) coverage can pay for your repairs. Your insurer may then pursue subrogation against the at-fault uninsured driver to recover the costs.
Yes. You can submit dashcam footage, witness statements, or a police report to challenge the initial determination. If unresolved, you may escalate to your state's insurance commissioner or pursue arbitration.