Utah and the Dozen States With a 50% Fault Bar

A smaller, stricter group shares Utah's threshold — but Utah's no-fault auto insurance system makes car accident claims there genuinely different.

The stricter, smaller modified group

Among US states using modified comparative negligence, a smaller group uses the stricter 50% threshold — recovery is barred once a plaintiff's fault merely equals the defendant's, not only once it exceeds that level. A larger group of states uses the more forgiving 51% bar instead.

The states using a 50% bar

Utah's peer group under this stricter threshold generally includes: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah, and West Virginia.

A shared threshold with a close neighbor

Utah's neighbor Idaho also uses the 50% bar, meaning the same strict threshold applies across that state line — a tie in fault bars recovery on both sides of the border.

A genuinely distinctive feature within this shared group

Here's where Utah stands apart from much of this list. Utah is a no-fault state for auto insurance, meaning a car accident claimant generally must cross a separate Personal Injury Protection (PIP) tort threshold before the 50% comparative fault bar even becomes relevant. Not every state in this 50%-bar group layers a no-fault system in front of its comparative negligence rule this way.

The underlying fault rule stays the same

Once a car accident claim actually crosses that separate PIP threshold in Utah, the same 50% comparative fault bar applies exactly as it would in any other personal injury claim — the no-fault system changes which claims get to the fault analysis in the first place, not the analysis itself.

Why this matters in a disputed claim

Because Utah and its peers in this group bar recovery at the midpoint itself, a disputed fault percentage landing right at an even split carries real consequences in any of these states. See our full comparison of how Utah's rule fits among all four fault systems for the complete picture.

States with a 50% fault bar — frequently asked questions

Which states use a 50% bar for comparative negligence?

Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah, and West Virginia are generally counted among this group.

Is the 50% bar more or less common than the 51% bar nationally?

Less common. More states use the more forgiving 51% bar, making the stricter 50% group, which includes Utah, the smaller of the two modified categories.

Does Utah's neighbor Idaho share the same 50% bar?

Yes — Idaho also uses a 50% bar, making this a shared rule across that state line, with both states applying the stricter threshold to the same accident scenario.

What makes Utah genuinely distinctive within this group of 50%-bar states?

Its no-fault auto insurance system. For car accidents, Utah layers a separate PIP tort threshold in front of its comparative fault rule, a structure not shared by every state in this group.

Does being a no-fault state change the 50% bar itself?

No. Once a car accident claim crosses the separate PIP threshold, the same 50% comparative fault bar applies exactly as it does in any other Utah personal injury claim.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Utah statute (Utah Code § 78B-5-818; § 31A-22-309), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.