Connecticut · Comparative fault · Updated Oct 2026

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

How modified comparative fault with a 51% bar works in Connecticut, the law behind it and how insurers apply it.

Short answer

In Connecticut, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
Conn. Gen. Stat. § 52-572h(b): your negligence doesn't bar recovery if it was not greater than the combined negligence of the people you are claiming against; your money is reduced by your share (so at 50% you still recover half; at 51% nothing).
Insurance system
Fault (tort)

Insurance and small claims in Connecticut

No PIP is required. Connecticut has no no-fault law: you claim against the at-fault driver's liability insurance (or use your own collision coverage).

Small claims limit for car damage in Connecticut: $5,000 plus interest and costs. Connecticut small claims guide on Small Claims Map

How fast an insurer must handle a claim in Connecticut

  • State law bans insurers, as a general business practice, from failing to acknowledge and act with reasonable promptness on claims, failing to affirm or deny coverage within a reasonable time after proof of loss, and not trying in good faith to settle promptly when liability is reasonably clear (Conn. Gen. Stat. § 38a-816(6)).
  • The statute sets no fixed number of days.

More facts for Connecticut

  • State Auto Arbitration Program: if you made a damage claim against an at-fault driver's insurer and fault and coverage are not disputed, you can arbitrate repair costs, the car's value, loss of use, rental and storage. You must first file a complaint with the Insurance Department; each side pays a $20 fee (CID Auto Arbitration guide).

If the insurer says you were partly at fault

  1. Get the police report. Most State Police crash reports are online at Docview.us.com, usually within 10 business days. Reporting a crash in Connecticut 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 Connecticut Insurance Department, Consumer Affairs Division.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Connecticut, with the calculator

Who pays in Connecticut: fault and payout explainer

Modified comparative fault (51% bar)In Connecticut, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Connecticut

Questions about comparative fault in Connecticut

Is Connecticut a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. Conn. Gen. Stat. § 52-572h(b): your negligence doesn't bar recovery if it was not greater than the combined negligence of the people you are claiming against; your money is reduced by your share (so at 50% you still recover half; at 51% nothing).

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

Connecticut Insurance Department, Consumer Affairs Division: https://portal.ct.gov/cid/file-a-complaint · (800) 203-3447 or (860) 297-3900

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

State law bans insurers, as a general business practice, from failing to acknowledge and act with reasonable promptness on claims, failing to affirm or deny coverage within a reasonable time after proof of loss, and not trying in good faith to settle promptly when liability is reasonably clear (Conn. Gen. Stat. § 38a-816(6)). The statute sets no fixed number of days.

How do I get the police report in Connecticut?

Most State Police crash reports are online at Docview.us.com, usually within 10 business days. You can also mail form DPS-96-C 'Request for Copy of Report' with the $16 search fee (Conn. Gen. Stat. § 29-10b, non-refundable) to DESPP, Division of State Police, Reports and Records, 1111 Country Club Road, Middletown, CT 06457 (U.S. mail only; questions: 860-685-8250). For a crash handled by a town police department, ask that department.

More for Connecticut drivers

Nearby states

Sources

Last checked: Oct 24, 2026.