NYC Car Accident: Can I Sue if I’m at Fault?
If you were in a New York City car accident and you believe you caused the crash, or the police report makes it sound that way, do not assume you have no case. NYC collisions are often complicated. Double-parked delivery vehicles, sudden rideshare stops, aggressive lane changes, blocked sightlines, cyclists, pedestrians, and confusing intersections can lead to shared responsibility and unfair blame.
New York law can still allow you to pursue compensation even if you were partially at fault. Under New York’s pure comparative negligence rule, your recovery can be reduced by your percentage of fault. Still, you are not automatically barred from recovering damages as long as another party contributed.
Greenstein & Pittari, LLP helps injured New Yorkers across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We protect clients from blame-shifting, preserve critical evidence, and build cases designed to win.
Call Greenstein & Pittari, LLP for a free consultation: 1-800-VICTIM2 (1-800-842-8462)
No fee unless we win. The call is free. The consultation is free.
Can I sue if I’m at fault in a New York City car accident?
Yes, potentially. You may still be able to file a car accident lawsuit in NYC if another driver, vehicle owner, employer, contractor, or other responsible party contributed to the crash and your injuries meet the requirements to pursue damages beyond no-fault benefits.
What changes is how fault affects your compensation.
How pure comparative negligence works in New York
New York uses pure comparative negligence. That means fault can be divided by percentage, and your share of responsibility reduces your financial recovery.
Example:
- Total damages: $100,000
- You are found 30 percent at fault
- Potential recovery: $70,000
Even if you are found mostly at fault, you may still recover the percentage tied to the other party’s fault, as long as you are not 100 percent responsible.
This is one reason you should not guess who is at fault based on emotions, early assumptions, or an incomplete police report. Fault often changes when video footage, witness statements, and evidence of vehicle damage are reviewed.
If you think you may share blame, call Greenstein & Pittari, LLP now at 1-800-VICTIM2 to get clear answers.
New York City no-fault insurance and what it covers
New York is a no-fault auto insurance state. This means your own insurance typically provides Personal Injury Protection (PIP) benefits, regardless of who caused the crash. PIP is designed to start treatment and certain economic benefits quickly, without waiting for a full fault investigation.
PIP commonly helps pay for:
- Medical treatment related to the crash
- A portion of lost wages, subject to limits
- Certain necessary expenses, such as transportation to medical appointments
New York’s no-fault system includes a $50,000 basic economic loss cap and strict paperwork requirements. The source material indicates that the required PIP claim forms must generally be submitted within 30 days.
What does no-fault not cover?
PIP is not the same as full compensation. No-fault generally does not pay for:
- Pain and suffering
- Emotional distress
- Full loss of income beyond limits
- Many future care costs in serious injury cases
To seek pain and suffering and broader damages, you generally must “step outside” no-fault by meeting New York’s serious injury threshold.
When can I step outside of no-fault and file a lawsuit in NYC?
In many NYC car accident cases, you can pursue a lawsuit for non-economic damages like pain and suffering only if your injuries qualify as a serious injury under New York law.
Examples of serious injury categories include:
- Fracture
- Significant disfigurement
- Loss of a fetus
- Permanent loss or limitation of a body organ, member, function, or system
- A medically determined injury that prevents you from performing all of your usual daily activities substantially for at least 90 days out of the first 180 days after the crash, often called the 90/180 rule
- Death
Meeting a category is not enough on its own. You need medical proof that supports the legal standard. Our firm works with your treating providers, collects the right records, and builds the documentation needed to support serious injury claims.
If you are unsure whether your injuries qualify, call 1-800-VICTIM2 for a free evaluation.
How fault is determined in NYC car accident claims
In New York City, car accidents are often disputed for fault. Insurance companies commonly look for ways to increase the percentage of fault assigned to the injured person because it reduces what they pay.
Fault determinations can involve:
- Police reports and DMV filings
- Photographs and video from the scene
- Dashcam footage, traffic cameras, or nearby surveillance video
- Witness statements
- Vehicle damage patterns and crash dynamics
- Road design, signals, lane markings, visibility, and obstructions
- Accident reconstruction in complex cases
A police report matters, but it is not always the final word. Reports can be incomplete or based on limited information. In many cases, fault shifts after video footage is preserved or independent witnesses are located.
What to do after a NYC car accident if you think you may share fault
The steps you take early can protect your health and your legal rights.
- Get medical care immediately and follow through with treatment
- Call the police when required and obtain the accident report information
- Do not admit fault at the scene or to any insurance adjuster; stick to basic facts
- Take photos and video of the vehicles, roadway, signals, skid marks, and visible injuries
- Collect witness names and phone numbers
- Preserve all documents, including tow receipts, repair estimates, and medical paperwork
- Avoid discussing the crash on social media
- Speak with an NYC car accident lawyer before giving a recorded statement or signing anything
If property damage is $1,001 or more, New York requires drivers to file a report with the DMV within 10 days. If the crash involves injury or death, law enforcement must be notified, and a report must be filed. Leaving the scene of an accident involving injury or death can carry serious criminal consequences.
If you are dealing with blame, injuries, or insurer pressure, call 1-800-VICTIM2 now. We will explain your next step and what to avoid.
Deadlines for NYC car accident lawsuits
Deadlines can decide your case. In many New York car accident claims:
- Personal injury lawsuits generally must be filed within 3 years from the date of the crash
- Wrongful death claims are generally 2 years from the date of death
Crashes involving the City of New York, MTA, NYCHA, or other public entities can trigger much shorter notice requirements and other special rules. If a public vehicle or public entity may be involved, treat it as urgent and call immediately.
NYC car accident cases we handle
Greenstein & Pittari, LLP focuses exclusively on personal injury law and handles serious motor vehicle accident cases across New York City, including:
- Car accidents
- Uber and Lyft rideshare crashes
- Truck and delivery vehicle accidents
- Pedestrian and bicycle accidents
- Motorcycle accidents
- Hit-and-run collisions
- Accidents involving city or municipal vehicles
Why choose Greenstein & Pittari, LLP
If you are worried you were at fault, you need a law firm that can take control of the narrative with evidence, not assumptions. Shared-fault cases are won on details and speed.
Clients choose Greenstein & Pittari, LLP because:
- We have a local Harlem office and seven convenient New York locations, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- We offer bilingual services
- We have hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- We are top-rated and award-winning lawyers, including recognition such as Best Lawyers and Super Lawyers
- We offer a Fee Guarantee, no fee unless we are successful
Our motto is “Don’t Be a Victim Twice.”
Call 1-800-VICTIM2 (1-800-842-8462) for a confidential, free consultation.
Frequently Asked Questions
Can I sue if I caused the car accident in NYC?
If you were 100 percent at fault, a lawsuit against another driver may not be viable. But many NYC accidents involve shared responsibility. If another party contributed, you may still pursue compensation, and your share of fault may reduce any recovery.
Can I sue if I was more than 50 percent at fault in New York?
Yes, potentially. New York follows pure comparative negligence, so you may still recover damages reduced by your percentage of fault, as long as you are not 100 percent responsible.
Does no-fault insurance mean I cannot sue after a New York City car accident?
No. No-fault typically covers certain basic economic losses first through PIP. If your injuries meet the serious injury threshold, you may be able to file a lawsuit for pain and suffering and other damages.
What is considered a serious injury in New York car accident cases?
Serious injury categories include fractures, significant disfigurement, loss of a fetus, permanent loss or limitation of function, the 90/180 rule, and death. Eligibility depends on the medical evidence and how the injury affects your daily life.
Can I recover pain and suffering if I am partially at fault?
Potentially, yes. If your case qualifies to step outside no-fault, pain-and-suffering damages may be available. Your percentage of fault may reduce your recovery.
Does a police report decide fault in NYC?
Not necessarily. Police reports can be important, but they can also be incomplete or mistaken. Video footage, witness statements, and evidence of vehicle damage can change the fault analysis.
Should I give a recorded statement to the other driver’s insurance company?
Usually, no. Recorded statements can be used to shift blame or minimize injuries. It is safer to speak with counsel first and direct communications through your attorney.
If I got a traffic ticket, does that ruin my case?
Not automatically. A ticket is one piece of evidence. Many cases still involve shared fault even when one driver is cited.
How soon do I need to file PIP paperwork in New York?
The source material indicates that the required PIP claim forms must generally be submitted within 30 days. Missing deadlines can jeopardize benefits.
How long do I have to file a car accident lawsuit in New York City?
Most personal injury lawsuits must be filed within 3 years of the crash date. Wrongful death claims are generally 2 years from the date of death. Public entity cases can have much shorter notice requirements.
What if my crash involved an MTA bus, a city vehicle, or another government entity?
These cases can involve special rules and short notice deadlines. Speak with a lawyer immediately to protect your rights.
How much is my NYC car accident case worth if I am partly at fault?
Case value depends on medical treatment, injury severity, lost income, future care needs, pain and suffering eligibility, insurance coverage, and fault allocation. We can estimate the value after reviewing the records and liability facts.
Free Consultation with a NYC Car Accident Lawyer
If you were injured in a New York City car accident and you are worried you may be at fault, do not guess. Get answers and protect your claim before insurers lock in a narrative.
Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462)
Free consultation. No fee unless we win. Serving Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.