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Fault / Comparative Negligence Settlement Calculator
Choose a state, enter a hypothetical damage total and your share of fault, and see the reduced recovery under that state's rule.
Estimate a fault-reduced recovery
Enter a hypothetical damage total and your share of fault, then tap Calculate. The result appears in the green box directly under the button. It also updates as you type. Nothing you enter is collected or sent anywhere.
Michigan splits those two categories. The total-damages box above is ignored while Michigan is selected.
Results will appear here after you choose a state and enter the figures.
This tool is an estimate for education only. It is not legal advice, not an insurance quote, and not a prediction of what a court, insurer, or claims adjuster would pay. Coverage rules, statutes, and case law change. Read the official source linked on this page. Nothing you type into the calculator is collected or sent anywhere; the math runs in your browser.
Short answer: Every state reduces or bars a negligence recovery once the injured person shares blame. Pick a state, enter a hypothetical damage total and your percentage of fault, and this calculator applies that state's rule — pure comparative negligence, a modified 50% or 51% bar, contributory negligence, Michigan's split rule, or South Dakota's slight/gross comparison.
Key takeaways
- Contributory-negligence jurisdictions generally bar recovery if you were at fault at all: Alabama, Maryland, North Carolina, Virginia, and D.C. (with a pedestrian/vulnerable-user exception in D.C.).
- A 50% bar treats equal fault as a complete bar; a 51% bar still allows a reduced recovery at exactly 50% fault.
- Michigan reduces economic damages in every case and bars noneconomic damages if you are more than 50% at fault.
- South Dakota has no numeric cutoff this tool can honestly invent.
- The result is an estimate, not legal advice.
How the estimate is calculated
In a pure comparative state the recoverable amount is total damages times (100 minus your fault percent) divided by 100. In a modified 50% bar state the same reduction applies unless your fault is 50% or more, in which case the result is $0. In a modified 51% bar state the cutoff is 51% or more (that is, more than 50%). In a contributory-negligence jurisdiction any fault percent above 0 produces $0.
Insurance policy limits, no-fault filing thresholds, limited-tort elections, damage caps, and setoffs are outside this estimate. Compare the liability limits that would sit on the other side of a claim with the state minimum coverage calculator.
Sources
Machine-readable copy: fault-rules.json. Rule families were located with Justia’s 50-state survey (last reviewed January 2024) and cited to the statute or controlling authority above. Florida’s 51% bar was confirmed against the official 2026 Florida Statutes § 768.81 text. Justia is a compilation used to find the citation; the visible source for each state is the statute or case listed in the table.
Related reading
- North Carolina contributory negligence and your claim
- At-fault vs. no-fault states explained
- Pennsylvania limited tort vs. full tort
- New York no-fault serious-injury threshold
- Michigan mini-tort claims
- Car accident statute of limitations by state
- State minimum car insurance calculator
- Full coverage vs liability-only break-even calculator
FAQ
What fault rules do U.S. states use?
Most states use some form of comparative negligence. In a pure comparative state you can recover a reduced amount even if you were mostly at fault. In a modified 50% bar state, being 50% or more at fault generally bars recovery. In a modified 51% bar state, being more than 50% at fault generally bars recovery, but being exactly 50% at fault can still recover a reduced amount. A few states still use contributory negligence, which generally bars recovery if you were at fault at all. Michigan splits economic and noneconomic damages. South Dakota uses a slight-versus-gross comparison without a numeric cutoff.
Which states still use contributory negligence?
Alabama, Maryland, North Carolina, Virginia, and the District of Columbia generally follow contributory negligence. The District of Columbia has a statutory exception for pedestrians and other vulnerable users (D.C. Code § 50-2204.52) that uses a 51% bar instead.
What is the difference between a 50% bar and a 51% bar?
Both reduce your recovery by your percentage of fault when you are allowed to recover. The difference is the cutoff. In a 50% bar state, being equally at fault (50%) generally means you recover nothing. In a 51% bar state, being 50% at fault generally still lets you recover half of your damages, and recovery is barred only if you are more than 50% at fault.
Why will the calculator not give one number for South Dakota?
South Dakota Codified Law § 20-9-2 allows recovery only if the claimant's negligence was slight compared with the other party's negligence. “Slight” is not a percentage written into the statute. Inventing a cutoff would be guessing, so the calculator shows both the reduced amount (if a factfinder found your negligence only slight) and zero (if it did not).
How does Michigan work in this calculator?
Michigan Compiled Laws § 600.2959 reduces economic damages by your share of fault no matter how large that share is. Noneconomic damages are barred if your fault is greater than the combined fault of the other person or persons. For a typical two-party crash that is a 51% bar on noneconomic damages. Enter those two damage types separately when Michigan is selected.
Is this a settlement value or legal advice?
No. Fault percentages are disputed facts, and many other rules — no-fault thresholds, limited-tort elections, damage caps, setoffs, and insurance limits — can change what is actually paid. This page is an educational estimate only.
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