Fault rules and filing deadlines, state by state

Any negligence by your insured that contributed to the loss bars recovery entirely, but contributory negligence is no defense to a wantonness claim.

Your insured's own fault only reduces the recovery by their percentage; they can recover something even if mostly at fault.

Recovery is reduced by your insured's share of fault at any percentage, but a claimant who intentionally, wilfully or wantonly contributed to the loss gets no comparative-fault protection.

If your insured's fault is equal to or greater than the at-fault party's, you recover nothing; otherwise the recovery drops by their share.

Your insured's fault reduces the recovery by their percentage but never bars it, even at 99%.

Your insured must be less at fault than the defendant(s); at 50% or more you recover nothing, otherwise the recovery drops by their share (applies to property damage too).

Your insured recovers as long as their negligence is not greater than the combined negligence of the defendants (so 50% still recovers), reduced by their share; the statute expressly covers property damage.

Your insured recovers as long as their negligence is not greater than the defendants' combined negligence, reduced by their share.

Any contributing negligence by your insured bars recovery, except that pedestrians and bicyclists/other vulnerable road users hit by a motor vehicle recover unless their negligence exceeds all defendants' combined negligence.

Since HB 837 (March 24, 2023), if your insured is more than 50% at fault you recover nothing, otherwise the recovery drops by their share; losses before that date follow the old pure comparative rule, and medical negligence is excluded.

If your insured is 50% or more responsible you recover nothing; otherwise the recovery drops by their share.

Your insured can recover as long as their negligence is not greater than the other side's (so 50% still recovers); at 51% or more they get nothing, and any recovery drops by their share.

If your insured's fault is as great as the other party's (50% or more), you recover nothing; below that, the recovery drops by their share.

If your insured is more than 50% of the proximate cause, you recover nothing; at 50% or less the recovery drops by their share (the statute expressly covers physical damage to property).

If your insured's fault is greater than the combined fault of everyone else (51% or more), you recover nothing; otherwise the recovery drops by their share. Claims against government entities fall outside the Comparative Fault Act (governed by the Tort Claims Act, IC 34-13-3).

If your insured bears a greater share of fault than all defendants and released parties combined (51% or more), you recover nothing; at 50% or less the recovery drops by their share.

Your insured recovers only if their negligence is less than the defendants' (so 50% or more bars recovery); otherwise the recovery drops by their share, and the statute expressly covers property damage.

Your insured can recover even if mostly at fault; the recovery is simply reduced by their percentage of fault.

For losses on or after January 1, 2026 (Act 15 of 2025), if your insured is 51% or more at fault you recover nothing, and at 50% or less the recovery drops by their share; losses before 2026 stay under the old pure comparative rule. The 2-year tort prescription applies only to losses on or after July 1, 2024 (older losses kept the 1-year period).

If your insured is found equally at fault or more, you recover nothing; below that, damages are reduced to the extent the jury finds just and equitable given their share (not a strict percentage calculation).

Any negligence by your insured that contributed to the loss bars recovery entirely, so expect this defense on every file; the Court of Appeals refused to abandon it in 2013, leaving any change to the legislature.

Your insured recovers, reduced by their share, as long as their negligence is not greater than the combined negligence of the defendants; at 51% or more they recover nothing. The statute expressly covers injury to property.

For property damage (economic loss), recovery is simply reduced by your insured's share of fault even if they were mostly at fault; only noneconomic damages are cut off when the claimant's fault exceeds everyone else's combined. Auto vehicle-damage claims are also limited by Michigan no-fault rules (e.g. the mini-tort), so check those first.

Your insured recovers, reduced by their share, only if their fault is not greater than the fault of the party being pursued; Minnesota compares the claimant against each defendant individually, so being 40% at fault versus three 20% defendants can bar recovery against each of them. 'Fault' expressly includes negligence toward property.

Your insured's own negligence never bars recovery for injury to property; the recovery is just reduced by their share of fault.

Your insured can recover even if mostly at fault; the recovery is reduced by their percentage of fault.

Your insured recovers, reduced by their share, as long as their negligence is not greater than the combined negligence of those being pursued; at 51% or more they recover nothing. Note the short 2-year deadline for property damage.

If your insured's negligence is equal to or greater than the total negligence of those being pursued (50% or more), they recover nothing; otherwise the recovery drops by their share.

Your insured recovers, reduced by their share, as long as their negligence is not greater than the defendants' negligence; at 51% or more they recover nothing. The statute expressly covers injury to property.

Your insured recovers, reduced by their share, as long as their fault is not greater than the defendants' fault; at 51% or more they recover nothing. The statute expressly covers property damage.

Your insured recovers, reduced by their share, as long as their negligence is not greater than the negligence of those being pursued; at 51% or more they recover nothing. The statute expressly covers injury to property.

Your recovery is reduced by your insured's share of fault, but you can still recover something even if your insured was mostly at fault.

Your insured's fault never bars the claim; the recovery just drops by their percentage of fault.

If your insured was even slightly at fault, the claim can be barred entirely (last-clear-chance and gross/willful conduct are the main exceptions).

If your insured's fault is as great as (50% or more of) everyone else's combined, you recover nothing; otherwise the recovery drops by their share.

You recover (reduced by your insured's share) as long as your insured's fault is not greater than the defendants' combined fault; at 51% or more, nothing.

You recover (reduced by your insured's share) only if your insured's negligence does not exceed the defendants'; at 51% or more, nothing.

You recover (reduced by your insured's share) as long as your insured's fault is not greater than the combined fault of the others; at 51% or more, nothing.

You recover (reduced by your insured's share) as long as your insured's negligence is not greater than the defendants' combined negligence; at 51% or more, nothing.

Your insured's fault never bars the claim; the recovery just drops by their percentage of fault.

You recover (reduced by your insured's share) as long as your insured's negligence is not greater than the defendant's; at 51% or more, nothing.

Your insured's fault must be 'slight' compared with the tortfeasor's negligence to recover at all; if it clears that bar, the recovery is reduced by their share, and juries are not given a fixed percentage cutoff.

If your insured is 50% or more at fault, you recover nothing; otherwise the recovery drops by their share.

If your insured is more than 50% responsible, you recover nothing; at 50% or less the recovery drops by their share (proportionate responsibility).

Your insured recovers only if their fault is less than the combined fault of the defendants (so 50% or more bars recovery); otherwise the recovery drops by their share.

Your insured recovers as long as their fault is not greater than the defendants' total fault (50% or less), with the recovery reduced by their share.

Any proximate negligence by your insured bars recovery entirely; limited exceptions include a defendant's willful and wanton negligence and certain railroad crossing accidents (Va. Code § 56-416).

Your insured's fault never bars recovery; it just reduces the recovery by their share, even at 99%.

Since 2015, your insured is barred only if their fault is greater than the combined fault of all others (over 50%); otherwise the recovery drops by their share, and liability is generally several only.

Your insured recovers only if their negligence is not greater than that of the party you are pursuing, measured against each defendant separately (so you can be barred against one tortfeasor but not another); the recovery drops by their share.

If your insured is more than 50% of the total fault, you recover nothing; at 50% or less the recovery drops by their share.