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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.

Where this term matters

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Tip

Glossary definitions are educational. Always check your own policy language — insurers can define common terms differently from one another. When in doubt, request a written explanation from your agent.

Related terms

Contributory NegligenceA strict fault rule in a handful of states where any fault on your part bars you from recovering damages.Pure Comparative FaultA fault rule allowing accident victims to recover damages even if they are mostly at fault.Modified Comparative FaultThe most common fault rule — you can recover damages up to a 50% or 51% fault threshold, then recovery is barred.Tort StateA state where the at-fault driver's liability insurance pays for the other party's injuries and damages.

Related guides

Source: Cover Forge USA editorial team|Last verified: May 2026|Methodology
Definitions are educational and may be simplified. Always refer to your policy contract and consult a licensed agent for terms that affect coverage decisions.
CF

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 June 2026

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