Contributory vs. Comparative Negligence Law

We often hear people ask who was “at fault” after an accident. In today’s complex world, there are rules and guidelines as to how this is determined. The insurance laws and regulations vary from state to state. In some states, regardless of who “caused” the accident, each person will pay for their own damage (whether through insurance or out of pocket). This is called a “no-fault” system or a “no-fault” state.

Alternatively, there is the “at-fault” system, which is the most common in the United States. Thirty-eight states, including North Carolina, utilize the at-fault or tort automobile insurance system, which says that the person found to be at fault for causing an automobile accident is responsible for paying the property damage and medical expenses of those individuals injured as a result of his/her negligence. Additional damages may also be levied for pain and suffering as well as for lost wages. In my opinion, the “at-fault” system allows for lower rates for the consumer as well as a strong incentive to maintain a good driving record.

Contributory vs. Comparative Negligence Law

While most states operate under what’s called a comparative negligence system, meaning those involved in a vehicle accident are assigned a percentage of fault attributable to the incident, six states, including North Carolina, operate under what’s called a “pure contributory negligence” system. Under this pure contributory setup, if you are deemed to have negligently contributed in any way toward a motor vehicle accident, you are not allowed by law to collect any compensation whatsoever from the other driver(s) for your injuries.


For this reason, it’s especially important when buying your car insurance coverage that you consider your needs very carefully. If you’re involved in a vehicle accident and determined to be at fault, you could be in big financial trouble if you are injured and require expensive medical treatment. Not being able to collect compensation from the other driver means you’re basically on your own, and without proper Medical Payments coverage (Med Pay) in force, your medical bills will have to be covered by your primary medical/health insurance coverage or come out of your pocket. The same goes for damage caused to your vehicle. Without collision car insurance in place, the cost of repairing or replacing your vehicle will fall to your available financial resources, which can represent a huge financial burden.