What if the Accident Was Partly My Fault? Utah's 50% Rule
You were going a little fast. Or you glanced at your phone for a second. Or you turned left assuming the other car would brake. And the adjuster has already told you that “you were at fault too.”
A lot of people stop claiming at that moment. But in Utah, being partly at fault does not mean losing your right to claim. What matters is how much, and compared to whom.
The rule in plain words
Utah law (section 78B-5-818) says your own fault does not, by itself, stop you from claiming. But to collect from someone else, their fault has to be greater than yours. That leaves two practical rules:
- If your fault is less than the other side’s, you can claim, and each responsible party pays only their own share.
- If your fault is equal to or greater than the other side’s, you cannot collect from them. An exact 50/50 is not enough.
Here is a simplified example, with total damages of $100,000:
| Your fault | Other side's fault | What you could recover |
|---|---|---|
| 0% | 100% | $100,000 |
| 20% | 80% | $80,000 |
| 49% | 51% | $51,000 |
| 50% | 50% | $0 |
| 70% | 30% | $0 |
Notice the jump: between 49% and 50% there is a $51,000 difference. That is why a single point of fault can be worth more than any other argument in the case, and why insurers fight over that percentage.
Your PIP does not depend on this. PIP benefits are paid no matter who was at fault. Even if you are assigned 100%, your first medical bills and part of your wages are still covered. Read who pays your medical bills after a car accident in Utah.
When more than two parties are involved
In a multi-car crash, fault is divided among everyone. Your percentage is compared with the combined fault of the other responsible parties you are claiming against, not with each one separately. But each party pays only their share: if one has no insurance, the others are not required to cover it. That is where your uninsured motorist coverage can come in.
Who decides your percentage
At first, the adjusters: each insurer makes its own assessment, and the first number you hear is a negotiating position, not a verdict. The police report and a ticket carry weight, but they do not set the percentage on their own. If the case goes to trial, the judge or jury decides, based on the evidence.
So a “50%” said over the phone is not final — but it is not something to ignore either.
How to avoid being assigned more fault than you had
- At the scene, do not apologize or say "it was my fault." Stick to the facts.
- Photograph the cars, skid marks, traffic lights and signs.
- Get witness details and save any video: your dashcam, nearby businesses.
- Get the police report and check that the details are correct.
- Do not give recorded statements without advice, and do not accept the adjuster's percentage on that call.
- Be careful what you post about the accident on social media.
- Get care and stay in treatment: gaps do not change your fault, but they can reduce what you recover.
What you say matters more than it seems. Read what to say to the insurance adjuster before you talk to them.
When to talk to an attorney
When you are assigned a high share of fault, especially near 50%, or when there are serious injuries or several vehicles. Many injury attorneys offer a free first consultation. Also review Utah car accident claim deadlines: evidence and time do not wait.
The short version
In Utah you can claim even if you were partly at fault, as long as the other side’s fault is greater than yours. Your recovery is reduced by your percentage, and at 50% or more against them you do not collect. Your PIP pays either way. Do not accept the first percentage you hear, and document everything from the start.
Sources
This article is informational and does not replace legal advice or an individual medical evaluation. If you were in a car accident in the Salt Lake City area, Car Injury Clinic (Taylorsville, UT) offers same-day evaluation, free transportation and coordination with your attorney. Call 385-242-8571 or book an appointment.
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