Can You Get Compensation If a Car Accident Was Your Fault?

Yes, you can still get compensation even if you were at fault in a car accident, depending on your insurance coverage and state laws. In no-fault insurance states, your Personal Injury Protection (PIP) will cover medical expenses no matter who was at fault. If you have collision coverage, your insurance will pay for vehicle repairs. Medical Payments Coverage (MedPay) will also help with medical bills. If you were only partially at fault, you may still recover under comparative negligence laws in some states. Know your insurance policy and state laws to see what you can get.

How Fault Works in Car Accidents

Insurance companies and authorities determine who is at fault when an accident happens. This involves:

1. Police Report – Officers at the scene document what they saw and may assign fault.
2. Witness Statements – Third-party accounts can help clarify what happened.
3. Traffic Laws: If you break the law (e.g., run a red light), you’ll likely be at fault.
4. Insurance Investigations – Insurers assess damage, review evidence, and decide on claims.

Your level of fault determines if you can get compensation.

Can You Get Compensation If You’re at Fault?

Yes, sometimes you can still get compensation even if you caused the accident. Here’s how:

1. Personal Injury Protection (PIP) or No-Fault Insurance

If you live in a no-fault insurance state, your insurance will cover your medical bills and lost wages regardless of who caused the crash. This is called Personal Injury Protection (PIP).

How it works:

• Covers medical bills, rehab, and lost income.
• Doesn’t cover damage to your car or injuries to others.
• It has a limit, so it may not cover all expenses.

2. Collision Coverage for Vehicle Repairs

Even if you were at fault, collision coverage on your auto insurance policy will help you pay for your vehicle’s repairs.

How it works:

• It covers damage to your car after an accident, regardless of who was at fault.
• You’ll likely have to pay a deductible before insurance kicks in.

3. Medical Payments Coverage (MedPay)

If you have MedPay included in your policy, it will pay medical expenses for you and your passengers even if you were at fault.

How it works:

• Covers hospital visits, surgeries, and other medical bills.
• There is no deductible or copay in most cases.

4. Comparative Negligence Laws

Some states have comparative negligence laws, so you can recover if you were partially at fault—just not as much.

How it works:

• If you were 40% at fault, you can recover 60% of the damages.
• Some states have a 51% rule. If you’re more than 50% at fault, you can’t recover.

5. Employer’s Insurance (If You Were Driving for Work)

If you were driving a company vehicle or running work-related errands, your employer’s insurance will cover you even if you were at fault.

How it works:

• Applies to commercial vehicle accidents.
• Covers vehicle repairs, medical bills, and liability claims.

6. Uninsured/Underinsured Motorist Coverage

In rare cases, if the other driver was also uninsured or underinsured, your uninsured motorist coverage (UM/UIM) may apply even if you were partially at fault.

How it works:

• It can cover medical expenses if the other driver has no insurance.
• Rules vary by state and insurance company.

What If Someone Else is to Blame?

If another driver contributed to the accident, they may also be at fault. This can impact how much you can recover.

For example, if another driver was texting while you were speeding, you may both be partially at fault.

In these cases, comparative negligence laws may allow you to recover some damages.

What to Do After a Car Accident (Even If You’re at Fault)

If you’re in a crash, follow these steps to protect yourself and your rights:

1. Stay Calm & Check for Injuries – Make sure everyone is safe and call for medical help if needed.
   
2. Call the Police – A police report is key for insurance claims.
   
3. Exchange Information – Get the other driver’s name, contact info, and insurance details.
   
4. Document the Scene – Take photos of vehicle damage, road conditions, and visible injuries.
   
5. Notify Your Insurance – Report the accident as soon as possible.
   
6. Don’t Admit Fault – Let the investigation determine who was at fault.

FAQs

Does insurance cover you when it’s your fault?
Yes, if you have liability insurance, it covers the other party. Your expenses may be covered if you have collision coverage or personal injury protection (PIP).

How much are most car accident settlements?
Car accident settlements vary, but most are between $15,000 and $50,000 for minor to moderate injuries. Severe injury cases can be hundreds of thousands or even millions.

Can I claim that it wasn’t my fault?
You can file a claim against the at-fault driver’s insurance or use your coverage (e.g., for an uninsured motorist or MedPay) if needed. A personal injury lawyer can help you get more.

Should I admit my fault in a car accident?
No, never admit fault at the scene. Let the police and insurance companies investigate. The fault is determined by the evidence and realizing it can hurt your claim.

Final Thought: 

Being at fault in a car accident doesn’t mean you have nothing. Depending on your insurance and state laws, you may still be able to get compensation for medicals, lost wages, and vehicle repairs. Understand your insurance and the legal system, and you’ll make better decisions after an accident. If unsure of your rights, talk to a personal injury attorney to explore your options.