In this guide
What happens after an at-fault accident
- Report the crash to your insurer, even if you think you caused it. The other driver will usually claim against your liability coverage.
- Your insurer decides fault and pays the other side — their injuries and property damage — up to your policy limits.
- If their losses exceed your limits, they can sue you for the difference, which is why limits above your state’s minimum matter.
- Your own losses go through your own policy, if you have the coverage — see the table below.
- At renewal, your insurer may add a surcharge or remove a safe-driver discount, within your state’s rules.
What each coverage pays when you’re at fault
| Coverage | What it pays | Who it pays |
|---|---|---|
| Liability | Injuries to other people and damage to their property, up to your limits | The other driver, passengers, pedestrians |
| Collision | Damage to your car from hitting another vehicle or an object, minus your deductible | You |
| Medical payments | Medical costs from the crash, up to the limit, regardless of fault | You and your passengers |
| PIP (no-fault states) | Medical bills and some lost pay, whoever caused the crash | You, under your own policy |
Coverage definitions from the California Department of Insurance; no-fault states from the Insurance Information Institute.
When your premium can go up: rules in 5 states
| State | When an accident can raise your premium | If you weren’t at fault |
|---|---|---|
| California | A surcharge can apply at renewal only if you were “principally at fault” — at least 51% of the cause — and the crash injured someone or caused more than $1,000 of total damage. (10 CCR § 2632.13; CDI) | Only principally at-fault accidents count against the Good Driver discount, which must be at least 20%. |
| New York | No premium increase solely because of an accident with $2,000 or less of total property damage — unless someone was injured or you had more than one accident in the rating period. (Ins. Law § 2335) | The $2,000 protection applies whoever was at fault. |
| Florida | No surcharge for an accident unless the insurer’s file shows, in good faith, that you were substantially at fault — and one at-fault accident in 3 years can’t be the reason a policy isn’t renewed. (Stat. § 626.9541(1)(o)3.) | A surcharge must be refunded if you show, for example, that you were lawfully parked, were hit from behind without a moving-violation conviction, or reported a hit-and-run within 24 hours. |
| Pennsylvania | No surcharge, rate penalty or record points if what the insurer paid over the past 3 years, above your deductible, is under $2,350 (from July 1, 2026). (75 Pa.C.S. § 1799.3; 31 Pa. Code § 67.33) | No surcharge for an accident you weren’t at fault in — including when you were lawfully parked, rear-ended without a citation, or hit by a hit-and-run driver you reported within 24 hours. |
| North Carolina | Points under the Safe Driver Incentive Plan: 1 point (a 40% increase) for $2,300 or less of total damage, 2 points (55%) up to $3,850, 3 points (70%) above that or for injuries over $1,800 or a death. (NC Dept. of Insurance (SDIP)) | A first minor accident — property damage of $2,300 or less, no moving-violation conviction, no other at-fault accidents or convictions in the household in 3 years — gets no points. |
From each state’s statute, regulation or insurance department. Texas, Illinois, Ohio, Georgia and Michigan aren’t covered here yet.
If you were only partly at fault
“At fault” isn’t all or nothing. If the other driver shares the blame, you may still recover part of your own losses from them, reduced by your share:
- California: Pure comparative fault (Li v. Yellow Cab Co. (1975))
- Texas: Barred above 50% (Civ. Prac. & Rem. Code § 33.001)
- Florida: Barred above 50% (Stat. § 768.81(2), (6))
- New York: Barred above 50% (CPLR 1411(a), (b))
- Pennsylvania: Barred above 50% (42 Pa.C.S. § 7102(a))
- Illinois: Barred above 50% (735 ILCS 5/2-1116)
- Ohio: Barred above 50% (R.C. 2315.33)
- Georgia: Barred at 50% (O.C.G.A. § 51-12-33(a), (g))
- North Carolina: Contributory negligence (N.C. common law)
- Michigan: Reduced; no pain-and-suffering damages above 50% (MCL 600.2959)
The fault-share calculator shows what a given percentage leaves you in each state, and how car accident settlements work walks the rest of the claim.
Frequently asked questions
What happens if I’m at fault in a car accident?
Your liability insurance pays for the other people’s injuries and property damage, up to your policy limits; if their losses are bigger, they can sue you for the rest. Your own car is covered by collision coverage, minus your deductible, if you have it, and your injuries by medical payments coverage or, in a no-fault state, your personal injury protection. At renewal, your premium may go up.
Will my insurance go up after an at-fault accident?
It can. Some states limit when: New York bars an increase solely for one accident with $2,000 or less of property damage and no injuries; California allows a surcharge only if you were at least 51% at fault and the crash caused an injury or more than $1,000 of damage; Pennsylvania bars one when what your insurer paid over 3 years stays under $2,350 above your deductible.
How long does an at-fault accident stay on your insurance?
In the states here with written rules, insurers look back 3 years: North Carolina’s Safe Driver Incentive Plan uses a 3-year experience period, Pennsylvania’s surcharge threshold counts the past 3 years of claims, and Florida bars dropping a policy over a single at-fault accident in 3 years.
Does full coverage cover an at-fault accident?
“Full coverage” isn’t an official term, but if your policy includes collision coverage, it pays for damage to your car even when you caused the crash, minus your deductible. Your liability coverage pays the other side.
Can I still get money if I was partly at fault?
In most states, yes — reduced by your share. California and New York never bar you; Texas, Florida, Pennsylvania, Illinois and Ohio bar recovery above 50%, Georgia at 50%; North Carolina bars it at any fault, with narrow exceptions.
Reviewed by
Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate
Sources
- Automobile Insurance Terms (liability, collision, medical payments, uninsured motorist) (California Department of Insurance)
- Automobile Insurance consumer guide — surcharge if at least 51% at fault; Good Driver discount of at least 20% (California Department of Insurance)
- Class Plan Filing Instructions (2020) — principally at-fault: at least 51% of the cause; $1,000 total damage threshold since December 11, 2011 (10 CCR § 2632.13) (California Department of Insurance)
- N.Y. Insurance Law § 2335 — No premium increase solely for an accident with $2,000 or less of property damage (New York State Senate)
- Florida Statutes § 626.9541(1)(o)3. (2025) — No surcharge unless substantially at fault; one at-fault accident in 3 years can’t end a policy (The Florida Senate)
- 75 Pa.C.S. § 1799.3(a), (e) — No surcharge or points when 3-year claim costs stay under the threshold (Onecle (Pennsylvania Consolidated Statutes))
- Notice 2026-01 — Accident surcharge threshold raised to $2,350, effective July 1, 2026 (Pennsylvania Insurance Department (Pennsylvania Bulletin))
- 31 Pa. Code § 67.33 — No surcharge for accidents where the insured was not at fault; situations deemed not at fault (Cornell Legal Information Institute (Pennsylvania Code))
- Safe Driver Incentive Plan — points and premium increases for at-fault accidents (North Carolina Department of Insurance)
- Background on: No-fault auto insurance (12 states and Puerto Rico; verbal thresholds; “choice” states) (Insurance Information Institute)
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
- Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
- New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
- 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
- O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
- Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
- Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))
Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.