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Definition
In an at-fault (or tort liability) state, the driver who caused an accident is financially responsible for all resulting damages — medical bills, vehicle repairs, lost wages, and pain and suffering — for all injured parties. The at-fault driver's bodily injury (BI) liability insurance pays the other party's claims. If the at-fault driver carries insufficient or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage becomes your primary recourse. Most US states (38+) use an at-fault system. In at-fault states, any driver involved in an accident can typically sue the at-fault driver in civil court for pain and suffering beyond what insurance covers.
Also Known As
tort state
fault-based insurance state
liability state
tort liability state
Used in Context
- In Texas — an at-fault state — the driver who ran the red light was found 100% responsible; her liability insurance paid the other driver's $18,000 in medical bills and $8,500 in vehicle damage.
- Georgia is an at-fault state with a modified comparative fault rule: if you're more than 50% responsible for an accident, you cannot recover damages from the other driver.
- California's at-fault system means that an uninsured motorist striking you creates an immediate problem — without UM/UIM coverage, your own medical bills and vehicle damage have no insurance recourse.
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