What is a 50/50 insurance claim?

Asked by: Dr. Dee Batz  |  Last update: December 24, 2025
Score: 4.5/5 (51 votes)

The 50/50 insurance claim arises when two drivers are equally to blame for the collision. For example, two cars failed to stop at a four-way intersection, crashing into each other. Each driver could potentially be liable for 50 percent of the other's damages in this scenario.

What does 50/50 mean on an insurance claim?

A 50/50 liability determination means that the insurance companies consider both parties equally responsible for the accident, which can significantly affect your potential settlement. In fact, shared liability cases are more common than you might think.

Will insurance pay out if it was my fault?

Who pays for an at-fault accident? If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.

Is it better to admit fault in a car accident?

No, you should not admit fault at the scene of a car accident, even if you believe it was your fault. Admitting fault can complicate insurance claims and legal matters. Instead, focus on ensuring everyone is safe, exchange information with the other party, and report the accident to your insurance company.

What does it mean if your insurance policy has an excess of 50?

Insurance excess is the amount you have to pay towards the total cost of an insurance claim. It's usually a pre-agreed amount. Your insurer will then contribute the rest – up to the limit of the cover. You'll see insurance excess on insurance products like travel, motor, home, and health.

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Will my insurance go up with a 50 50 claim?

In some car crashes, both drivers may share equal responsibility, resulting in 50 50 fault. In these cases, each driver's insurance typically covers their own damages. This could potentially lead to premium increases for both parties.

What is the 50% rule in insurance?

In California's personal injury cases, the concept of 50/50 liability applies when both parties are equally responsible for an accident or incident. This shared responsibility is also referred to as equal fault or shared fault, and it falls under the broader category of comparative fault.

Should I file a claim if I'm not at fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Why should you never admit fault?

Sometimes people believe that if they caused the accident, admitting fault will speed up the process and they can move on. However, admitting fault means that your insurance company may need to pay for damages, your insurance premiums could increase, and your driving record may reflect the accident.

What if neither party admits fault?

However, when no one admits fault, insurance companies may try to shift blame to avoid paying claims. This is where having legal representation is crucial. Your attorney will handle all communication with the insurance company, protecting your interests and ensuring that you are not unfairly held responsible.

Will my insurance go up if I file a claim and its not my fault?

Some may raise your premiums by 10 percent, while others may charge you only 2 percent more. In addition, certain states, such as California and Oklahoma, don't allow insurance companies to increase rates after a non-fault claim.

Is it illegal to pay out of pocket for a car accident?

Strictly speaking, paying out of your pocket for a car accident isn't illegal, but accepting the offer may have unwanted consequences.

What happens if you don't call your insurance after an accident?

Failing to contact your insurance company shortly after being in a car accident can lead to them denying your claim. Waiting to contact your insurance company can also make it more difficult for the insurance company to investigate your case, which could lead to you receiving a lower settlement amount.

What does 50 50 payout mean?

A 50/50 raffle is a fundraising event where ticket sales contribute to a cash prize. Participants purchase tickets, and the winner walks away with half the total money raised while the rest goes straight to your charity.

How does insurance work if it's not your fault?

If you are not at fault, you will file a claim and pursue compensation from the other driver's car insurance, not yours. If the other driver did not have insurance, you can use your own UIM coverage—if you have it.

What does 50/50 mean?

If something such as money or property is divided or shared fifty-fifty between two people, each person gets half of it. [informal] The proceeds of the sale are split fifty-fifty. Fifty-fifty is also an adjective.

When someone doesn t accept fault?

People who are defensive usually have a deep-seated fear of judgment or rejection. They lack a strong self-esteem to feel emotionally safe enough to be wrong, i.e. to be vulnerable. They equate mistakes with personal inadequacy, so they try their hardest to maintain their self-image.

Does saying sorry admit fault?

You can exchange contact and insurance information and offer best wishes and pleasantries. But the word “sorry” or anything like it should never pass your lips. Remember, the other party, witnesses, and first responders may view apologizing the same as admitting fault and can be called to testify to that fact.

What is a person that never admits fault?

However, if the person is self centered, always feels they are right even if it is obvious they are wrong and generally puts their own needs above others, they may be narcissistic. A person who is narcissistic has a personality disorder which makes it difficult if not impossible for them to see themselves as at fault.

What happens if no one is at fault in an accident?

But what will happen if no one is at fault for your car accident? You can always file a no-fault car insurance claim. The insurance provider will compensate the policyholder and its passengers for the cost of minor injuries and loss of income regardless of who caused the accident.

Is it better to use your insurance or theirs?

After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.

Who gets the insurance check when a car is totaled?

If you own the car without any loans or liens, you will receive a check for the value assessed by the insurance company. If there is a loan, the check usually goes first to the leasing company or the lender. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.

What happens if an accident is 50/50?

In a personal injury case where both parties are equally at fault for the car accident, each party will be responsible for 50% of the other driver's damages. California is a fault state, which means that the insurance company of the at-fault driver is responsible for the damages caused by their insured.

What is the 80% rule in insurance?

The 80% rule means that an insurance company will pay the replacement cost of damage to a home as long as the owner has purchased coverage equal to at least 80% of the home's total replacement value.

What does 51% at fault mean?

California follows a modified comparative negligence rule, meaning that if the plaintiff is found to be 51% or more at fault for their injury, they will not be able to recover damages from the defendant.