Alaska · Comparative fault · Updated Oct 2026

Comparative fault in Alaska: who pays when both drivers share the blame

How pure comparative fault works in Alaska, the law behind it and how insurers apply it.

Short answer

In Alaska, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Rule
Pure comparative
You recover nothing at
No cutoff: your damages are only reduced
Law
AS 09.17.060: your own fault lowers what you can recover by your share, but does not bar recovery.
Insurance system
Fault (tort)

Insurance and small claims in Alaska

No PIP. Alaska has no no-fault law: the driver who caused the crash (and their liability insurance) pays for the other people's injuries and damage. You can claim against the at-fault driver's insurer or sue the at-fault driver.

Small claims limit for car damage in Alaska: $10,000 (same for businesses). Alaska small claims guide on Small Claims Map

How fast an insurer must handle a claim in Alaska

  • Insurers must acknowledge a claim in writing within 10 working days (3 AAC 26.040), finish investigating within 30 working days unless they tell you in writing why they need more time (3 AAC 26.050), and on your own policy accept or deny within 15 working days after proof of loss and pay undisputed amounts within 30 working days (3 AAC 26.070).
  • They must also explain in writing how they valued your vehicle and itemize any betterment or depreciation deductions (3 AAC 26.080).
  • Unfair claim practices are banned by AS 21.36.125.

If the insurer says you were partly at fault

  1. Get the police report. Ask the police agency that investigated the crash (city police, or the Alaska State Troopers / Department of Public Safety outside cities) for a copy. Reporting a crash in Alaska and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Alaska Division of Insurance (Department of Commerce, Community, and Economic Development).
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Alaska, with the calculator

Who pays in Alaska: fault and payout explainer

Pure comparative faultIn Alaska, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Free help in Alaska

Questions about comparative fault in Alaska

Is Alaska a comparative negligence state?

Yes, pure comparative negligence. AS 09.17.060: your own fault lowers what you can recover by your share, but does not bar recovery.

Where can I complain if an insurer blames me unfairly in Alaska?

Alaska Division of Insurance (Department of Commerce, Community, and Economic Development): https://www.commerce.alaska.gov/web/ins/

How fast must an insurer handle a car insurance claim in Alaska?

Insurers must acknowledge a claim in writing within 10 working days (3 AAC 26.040), finish investigating within 30 working days unless they tell you in writing why they need more time (3 AAC 26.050), and on your own policy accept or deny within 15 working days after proof of loss and pay undisputed amounts within 30 working days (3 AAC 26.070). They must also explain in writing how they valued your vehicle and itemize any betterment or depreciation deductions (3 AAC 26.080).

How do I get the police report in Alaska?

Ask the police agency that investigated the crash (city police, or the Alaska State Troopers / Department of Public Safety outside cities) for a copy.

More for Alaska drivers

Nearby states

Sources

Last checked: Oct 24, 2026.