Car accident settlement calculator: what you actually take home
See how your state's fault rule, a lawyer's fee, case costs and medical liens change what reaches your bank account. Rules reviewed September 2026.
How the car accident settlement calculator works
- Step 1: The state's fault rule reduces the gross claim.
- Step 2: The attorney's contingency fee is deducted.
- Step 3: Case costs and medical liens are repaid.
- Step 4: The remaining balance is your take-home amount.
Example: A Texas driver with a $100,000 claim who is found 20% at fault recovers $80,000 under Texas's 51% bar. A driver in Louisiana found 51% at fault recovers nothing under the state's 51% bar. The same driver at 20% fault in Virginia, a contributory negligence state, would likely recover nothing.
Continuing the Texas example: a 33⅓% fee taken before costs is $26,667. After $3,000 in case costs and $12,000 in medical liens, the driver takes home about $38,333, or 38% of the claim's full value.
Car accident fault rules in all 50 states and DC (September 2026)
Includes Florida's 51% bar (2023), Louisiana's 51% bar for accidents from January 1, 2026, and New York's 51% bar for car-accident injury lawsuits filed from May 2026.
| State | Fault rule | Recovery barred at | Insurance system |
|---|---|---|---|
| Alabama | Contributory negligence | Any fault (even 1%) | At-fault |
| Alaska | Pure comparative fault | Never | At-fault |
| Arizona | Pure comparative fault | Never | At-fault |
| Arkansas | Modified comparative fault (50% bar) | 50% or more | At-fault |
| California | Pure comparative fault | Never | At-fault |
| Colorado | Modified comparative fault (50% bar) | 50% or more | At-fault |
| Connecticut | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Delaware | Modified comparative fault (51% bar) | 51% or more | At-fault |
| District of ColumbiaSince 2016, pedestrians and cyclists can still recover if their fault is not greater than the drivers' combined fault. | Contributory negligence | Any fault (even 1%) | At-fault |
| FloridaChanged from pure comparative fault for claims arising on or after March 24, 2023 (HB 837). | Modified comparative fault (51% bar) | 51% or more | No-fault |
| Georgia | Modified comparative fault (50% bar) | 50% or more | At-fault |
| Hawaii | Modified comparative fault (51% bar) | 51% or more | No-fault |
| Idaho | Modified comparative fault (50% bar) | 50% or more | At-fault |
| Illinois | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Indiana | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Iowa | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Kansas | Modified comparative fault (50% bar) | 50% or more | No-fault |
| Kentucky | Pure comparative fault | Never | Driver's choice |
| LouisianaApplies to accidents on or after January 1, 2026. Earlier accidents use pure comparative fault. | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Maine | Modified comparative fault (50% bar) | 50% or more | At-fault |
| Maryland | Contributory negligence | Any fault (even 1%) | At-fault |
| Massachusetts | Modified comparative fault (51% bar) | 51% or more | No-fault |
| MichiganAbove 50% fault you lose pain-and-suffering damages, but economic losses may still be recovered, reduced by your share. | Modified comparative fault (51% bar) | 51% or more | No-fault |
| Minnesota | Modified comparative fault (51% bar) | 51% or more | No-fault |
| Mississippi | Pure comparative fault | Never | At-fault |
| Missouri | Pure comparative fault | Never | At-fault |
| Montana | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Nebraska | Modified comparative fault (50% bar) | 50% or more | At-fault |
| Nevada | Modified comparative fault (51% bar) | 51% or more | At-fault |
| New Hampshire | Modified comparative fault (51% bar) | 51% or more | At-fault |
| New Jersey | Modified comparative fault (51% bar) | 51% or more | Driver's choice |
| New Mexico | Pure comparative fault | Never | At-fault |
| New YorkFor car-accident injury lawsuits filed from late May 2026. Earlier lawsuits and property-damage claims use pure comparative fault. | Modified comparative fault (51% bar) | 51% or more | No-fault |
| North Carolina | Contributory negligence | Any fault (even 1%) | At-fault |
| North Dakota | Modified comparative fault (50% bar) | 50% or more | No-fault |
| Ohio | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Oklahoma | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Oregon | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Pennsylvania | Modified comparative fault (51% bar) | 51% or more | Driver's choice |
| Rhode Island | Pure comparative fault | Never | At-fault |
| South Carolina | Modified comparative fault (51% bar) | 51% or more | At-fault |
| South Dakota | Slight/gross negligence rule | Unless your fault is "slight" | At-fault |
| Tennessee | Modified comparative fault (50% bar) | 50% or more | At-fault |
| Texas | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Utah | Modified comparative fault (50% bar) | 50% or more | No-fault |
| Vermont | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Virginia | Contributory negligence | Any fault (even 1%) | At-fault |
| Washington | Pure comparative fault | Never | At-fault |
| West Virginia | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Wisconsin | Modified comparative fault (51% bar) | 51% or more | At-fault |
| Wyoming | Modified comparative fault (51% bar) | 51% or more | At-fault |
Car accident settlement FAQ
How much of a car accident settlement do I actually keep?
After a typical 33⅓% contingency fee, case costs and medical liens, many injured people keep well under two-thirds of the settlement. Your share depends on the fee in your agreement, how costs are handled and how much you owe in medical bills.
Is the lawyer's fee taken before or after case costs?
It depends on your fee agreement. Taking the fee from the full settlement before costs is more common and leaves you less money. Ask the attorney which method their contract uses before you sign.
Can I get compensation if I was partly at fault for the crash?
In most states, yes. 9 states use pure comparative fault, 36 use a 50% or 51% bar, and South Dakota uses a slight/gross negligence rule. Only Alabama, Maryland, North Carolina, Virginia and Washington, DC still use contributory negligence, where any fault can bar recovery.
Can medical liens be reduced?
Often, yes. Hospitals, health insurers and some government programs will negotiate their liens down, and every dollar of reduction goes to you. Lawyers frequently negotiate liens down to increase your take-home pay. Find a lawyer near you to review your medical bills.
Use of this calculator does not create an attorney-client relationship. This platform is a directory, not a law firm. Fee structures vary by firm and are negotiated directly between you and the listed attorneys.
Results are estimates for general information only and are not legal advice. Fault rules have exceptions and change over time. Speak with a licensed attorney in your state about your case.