NYC Car Accident: Can You Sue If You’re Partially at Fault?
If you’ve been injured in an accident in New York, you may wonder: “Can You Sue If You’re Partially at Fault?” The answer is yes. Under New York’s pure comparative negligence law, you can pursue damages even if you were 99% at fault.
What Is Pure Comparative Negligence in New York?
New York applies a pure comparative negligence rule in personal injury cases:
- You can recover compensation regardless of your percentage of fault.
- Your recovery is reduced only by your share of responsibility.
Examples:
- 25% at fault → recover 75% of damages
- 85% at fault → recover 15%
- 98% at fault → recover 2%
This system is more favorable than states with modified or contributory negligence, where victims may be barred from recovery entirely.
How Is Fault Determined in a New York Accident?
Courts and insurance companies assign fault based on evidence such as:
- Police and accident reports
- Witness statements
- Surveillance, dashcam, or cellphone footage
- Accident reconstructions and expert testimony
- Medical records
Important: Even if you admitted fault at the scene, liability is based on evidence – not quick statements. A skilled attorney can uncover proof (like dashcam footage or cell phone records) that reduces your share of fault.
Real-Life Examples of Shared Fault in New York
Even if you made a mistake, you may still recover damages:
- You were speeding, but the other driver ran a red light.
- You jaywalked, but the driver was texting.
- You failed to signal, but the other driver made an illegal lane change.
- You slipped wearing worn shoes, but the store failed to clean a spill.
- You cycled outside the bike lane, but the driver was intoxicated.
In each case, fault is shared, and compensation is divided proportionally.
How Does No-Fault Insurance Affect Shared Fault?
For car accidents, New York follows a no-fault insurance system:
- PIP (Personal Injury Protection) covers:
- Medical expenses
- 80% of lost wages (up to $2,000/month)
- $25/day household & transport expenses
- Up to $50,000 basic coverage
If your injuries are “serious” or exceed PIP limits, you can step outside the no-fault system and pursue additional compensation under comparative negligence rules.
How Partial Fault Affects Compensation
Your recovery is reduced by your fault percentage. For example:
- Total damages: $200,000
- Fault assigned to you: 25%
- Recovery amount: $150,000
This applies to:
- Medical bills & rehab
- Lost wages & reduced earning capacity
- Pain and suffering
- Long-term care & emotional distress
Insurance Company Tactics in Partial Fault Cases
Insurance companies often try to:
- Inflate your share of fault
- Downplay the other party’s negligence
- Ignore or “lose” critical evidence
An attorney can challenge unfair blame and fight for a fair allocation of responsibility.
Steps to Take After an Accident (Even If You May Share Fault)
- Call the police and file an accident report.
- Seek immediate medical attention.
- Gather photos, videos, and witness contacts.
- Avoid apologies or speculation about fault.
- Notify your insurance company promptly.
- Avoid posting about the accident on social media.
- Consult a New York personal injury attorney before giving recorded statements.
Statute of Limitations in New York
You must act quickly. Deadlines include:
- 3 years – Personal injury claims
- 2 years – Wrongful death
- 90 days – Claims against municipalities (e.g., city vehicles, unsafe sidewalks)
Missing these deadlines can bar you from recovery.
FAQs About Partial Fault in New York Accidents
Can I sue if I was more than 50% at fault?
Yes. Unlike many states, New York lets you recover even if you were 99% at fault.
Will my settlement be reduced if I was partly responsible?
Yes. Your compensation is reduced proportionally to your share of fault.
What if the insurance company denies my claim?
A personal injury attorney can challenge the denial and present strong evidence on your behalf.
Do I need a lawyer if I was partly at fault?
Absolutely. Insurance adjusters often inflate fault percentages. A lawyer ensures blame is allocated fairly and maximizes your compensation.
Why Choose Greenstein & Pittari, LLP?
- Local Harlem office for trust & convenience
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