Auto Insurance

Modified Comparative Fault

The most common fault rule — you can recover damages up to a 50% or 51% fault threshold, then recovery is barred.

Last reviewed: May 2026 · Editorial methodology

Definition

Modified comparative fault is the most widely used negligence standard in the U.S., adopted by about 33 states. Under the 50% bar rule (used by states like Arkansas and Maine), you cannot recover if you are 50% or more at fault. Under the 51% bar rule (used by states like Texas, Illinois, and Florida for certain claims), you cannot recover if you are 51% or more at fault. Below the threshold, your award is reduced by your percentage of fault — a 40% at-fault driver who suffers $100,000 in damages recovers $60,000. This standard balances fairness with the policy goal of barring recovery by primarily responsible parties.

Where this term matters

Auto Insurance →Claims Help Center →/states →

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

Comparative NegligenceA fault-allocation system that reduces your damages award by your percentage of fault in an accident.Pure Comparative FaultA fault rule allowing accident victims to recover damages even if they are mostly at fault.Contributory NegligenceA strict fault rule in a handful of states where any fault on your part bars you from recovering damages.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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