text: police report? i was just in an accident and the police report didn't say whose fault it was.  a friend said generally who ever is listed second on the report is at fault; is that always true? it generally depends on the state you are in. most states are now"no fault" states-meaning no  one is to blame-and the insurance companies generally  work out the details and pay accordinly.the laws of the state in which the accident occurs determine who pays for the damages from an automobile accident. basically, in a "no-fault" insurance state, fault is not placed on either party, and each driver generally submits a claim to his or her own insurance company instead of establishing blame. many states, including florida, kansas, kentucky, massachusetts, michigan, minnesota, new jersey, new york, pennsylvania, and others, have some form of no-fault insurance laws.