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.
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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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