Glossary
Modified comparative fault
Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing.
General information, not legal advice. Talk to a licensed attorney in your state.
Quick answer
Modified comparative fault is a version of Comparative negligence. A rule that splits blame between the people involved and cuts your recovery by your own share of fault. Glossary with a cut-off. Your damages are reduced by your share of the blame, and once your share reaches the state's bar, 50% or 51%, you recover nothing.
In a car accident claim#
It is the most common fault rule in the US, in two versions:
| Version | You recover nothing at | Where it applies |
|---|---|---|
| 51% bar | 51% or more of the blame | 26 jurisdictions, including Texas, Illinois and Pennsylvania |
| 50% bar | 50% or more of the blame | 10 jurisdictions, including Georgia and Colorado |
The two differ only when blame is split evenly. Insurers apply the same rule when they negotiate, so small facts about who did what can move a claim across the line. Some states add twists. Michigan's version: If you are more than 50% at fault you lose pain-and-suffering (non-economic) damages, but can still recover economic losses reduced by your share of fault.
The other systems are Pure comparative fault. The version of comparative negligence that lets you recover something even if you were mostly at fault, reduced by your share. Glossary, which has no cut-off, and Contributory negligence. An older rule, still used in a few places, under which any fault of your own can bar you from recovering anything. Glossary, which can bar a claim for any fault at all. The fault-rule explainer shows what each percentage means in your state, and the state guides list each state's rule.
Example#
Related terms#
Questions people ask
What is the difference between the 50% and 51% rules?
Under a 50% bar you recover only if you were less at fault than the other side, 49% or less. Under a 51% bar you recover as long as you were 50% or less at fault.
Is modified comparative fault the same as pure comparative fault?
No. Pure comparative fault has no cut-off, so you can recover a reduced amount even if you were mostly to blame. Modified comparative fault bars recovery once you reach the state's bar.
Sources
- Cornell LII Wex, Comparative negligence — pure and modified rules, and the 50% and 51% bars
- Texas Legislature, Civil Practice and Remedies Code chapter 33 — Texas's 51% bar
- Michigan Legislature, MCL 600.2959 — as of October 2026
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
Keep reading
- GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.
- ToolFault-rule explainer: how your share of blame changes a claimSlide your share of the blame and choose a state to see whether its fault rule lets you recover, and what share of your proven damages you could still claim.
- States and citiesStates A–ZFiling deadlines for injury, vehicle damage and wrongful death claims, and the fault rule, for all 50 states and Washington, DC, each linked to the statute or…
- City guideAtlanta car accidents: deadlines, crash reports and city claimsAfter a crash in Atlanta, Georgia law generally gives you two years to sue and bars recovery at 50% fault, but a claim against the City of Atlanta needs…
- GlossaryNegligence per seBreaking a safety law, such as a traffic or trucking rule, that was meant to prevent the kind of harm that happened. In many states it proves negligence or…
- GlossaryNegligenceFailing to use the care a reasonable person would use in the same situation, such as running a red light or texting while driving.