Car accident claims ask the at-fault driver's insurer, or your own coverage, to pay for crash injuries and losses. What usually decides value is the medical record, how fault is split under your state's rule, and the policy limits available. Police-reported traffic crashes injured an estimated 2.42 million people in the U.S. in 2024, according to NHTSA.
Updates on Car Accident Claims
Anyone comparing options for a city with the most car accidents after a recent crash should understand how fault is determined, what evidence strengthens a claim, and how a case is typically valued before speaking with an insurance adjuster. Quick Answer: Allstate's 2026 Best Drivers Report ranks U.S. cities by how often drivers report a [...]
Key facts (as of October 2026)
- Since March 24, 2023, a Florida claimant more than 50 percent at fault recovers nothing (Fla. Stat. § 768.81(6)).
- New York's 2026 amendment bars a no-fault motor vehicle injury claimant whose fault exceeds the defendant's (CPLR 1411(b)).
- Alabama, Maryland, North Carolina, Virginia and D.C. keep contributory negligence (Cornell LII); Maryland's 2026 reform bill went to interim study.
- Twelve states plus Puerto Rico have no-fault insurance; New Jersey, Pennsylvania and Kentucky let drivers choose (III).
- 15.4 percent of motorists were uninsured in 2023, from 5.7 percent in Maine to 28.2 percent in Mississippi (NAIC).
Fault rules: how shared blame changes a claim
| Rule | If you were partly at fault | Examples |
|---|---|---|
| Pure comparative | Award reduced by your share of fault, at any level | California; New York outside no-fault motor vehicle suits |
| Modified comparative | Award reduced, then barred at the state's 50 or 51 percent threshold | Florida (since 2023); New York no-fault motor vehicle suits (since 2026) |
| Contributory negligence | Any fault can bar recovery | Alabama, Maryland, North Carolina, Virginia, D.C. |
Insurers, and juries at trial, set the percentages from the evidence. The fault rules by state page lists each state.
No-fault, PIP and uninsured motorist coverage
In the no-fault states (Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah), your own personal injury protection pays medical costs and lost wages first, whoever caused the crash, and a pain-and-suffering claim against the other driver needs an injury that meets the state's threshold. Elsewhere, the at-fault driver's liability insurer pays. When that driver has no insurance or too little, your own UM/UIM coverage may pay up to your limits; see how UM and UIM claims work.
What decides the value of a claim
- Medical evidence: prompt diagnosis and consistent treatment tie the injury to the crash.
- Fault percentage: any share assigned to you reduces, and in some states bars, recovery.
- Policy limits: the at-fault driver's limit and your UM/UIM limits often set the ceiling.
Deadlines (statutes of limitations vary by state)
New York allows three years for most injury suits (CPLR 214). Florida allows two years for negligence claims arising after March 24, 2023, and four for older ones (HB 837 summary). Louisiana's two-year tort period (Civil Code art. 3493.1) took effect July 1, 2024; earlier injuries can fall under the prior rule. Policy notice requirements are separate and often shorter.
Evidence to keep
- Your policy's declarations page showing PIP, medical payments and UM/UIM limits.
- The crash report, photos, witness names and repair estimates.
- Medical records without gaps in treatment.
When people hire a lawyer
Claimants commonly consult a lawyer when fault is disputed in a modified or contributory negligence state, when injuries may cross a no-fault threshold or exceed the other driver's limits, or when their own insurer contests a UM/UIM claim. TortAdvisor is not a law firm; see the personal injury attorney guides.
Frequently asked questions
What if I was partly at fault for the car accident?
In a pure comparative state, your award is reduced by your share of fault, whatever it is. In a modified state, it is reduced until your share reaches the state's threshold and is then barred; Florida bars recovery above 50 percent. In Alabama, Maryland, North Carolina, Virginia and Washington, D.C., contributory negligence can bar recovery entirely.
Can I sue the other driver in a no-fault state?
Yes, but only for injuries that meet the state's threshold. Five no-fault states use a verbal threshold based on the type or severity of injury (Florida, Michigan, New Jersey, New York and Pennsylvania), and seven use a monetary threshold tied to medical costs. Below the threshold, your own personal injury protection pays your economic losses.
How long do I have to file a car accident claim?
It depends on the state and on who is responsible. Examples include three years for most New York injury suits, two years in Florida for negligence claims arising after March 24, 2023, and two years under Louisiana's 2024 rule. Crashes with government vehicles need earlier written notice, and insurance policies require prompt notice of any crash.
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