Auto Insurance
Comparative Negligence
A fault-allocation system that reduces your damages award by your percentage of fault in an accident.
Last reviewed: May 2026 · Editorial methodology
Definition
Comparative negligence is a legal doctrine used in most U.S. states to allocate fault and reduce damage awards proportionally. If you are found 30% at fault in an accident and your damages are $100,000, you recover $70,000. There are two main variants: pure comparative fault (you can recover even if 99% at fault) and modified comparative fault (recovery is barred at or above a threshold, usually 50% or 51%). How your state handles comparative negligence affects settlement negotiations and litigation strategy. Insurance adjusters use these rules when evaluating claims, making it important to document accident scenes thoroughly.
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Cover Forge USA Editorial Team
Editorial Lead
This article was researched and written by the Cover Forge USA editorial team against federal sources (NAIC, CMS, FEMA, DOL, SSA, state DOIs) and standard policy forms. Bylines organize content by topic — they do not assert individual licensure. See our editorial-policy for details.
Reviewed 2026-06-14
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