Auto Insurance
Pure Comparative Fault
A fault rule allowing accident victims to recover damages even if they are mostly at fault.
Last reviewed: May 2026 · Editorial methodology
Definition
Under pure comparative fault, an accident victim can recover compensation even if they are found 99% at fault — their award is simply reduced by their percentage of fault. For example, if you are 80% at fault in an accident causing $50,000 in damages, you can still recover $10,000 from the other driver's insurer. About 13 states use pure comparative fault, including California, New York, Florida, and Louisiana. While it protects seriously at-fault drivers from a complete bar, insurers in these states often contest fault allocations more aggressively. It is the minority rule nationally compared to modified comparative fault.
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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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