After a car accident, you may wonder if sharing the blame means you cannot recover compensation for your injuries. Many drivers assume that being partially at fault prevents them from pursuing a claim, but New York law does not work that way. Even if you played a part in the crash, you may still be able to seek a recovery.
New York uses a “comparative negligence” rule
New York follows a legal principle called “pure comparative negligence.” This rule allows more than one driver to share responsibility for a crash.
If you were hurt in a collision, you may still seek compensation even if you played a role. Insurance companies and courts review the evidence and assign each party a percentage of fault. Your share of responsibility does not eliminate recovery, but it may reduce the amount.
How shared fault affects your case
When drivers share fault, your percentage reduces the damages you may recover by the same amount. For example:
- If you are 20% at fault, you may recover up to 80% of the total damages
- If you are 40% at fault, you may recover up to 60% of the damages
Under this system, sharing responsibility for a crash does not automatically block you from getting help with your bills.
Steps to take if you were partly at fault
If you suffered injuries in a crash where you might share responsibility, certain steps after the collision may help support a potential claim for damages. Seeing a doctor soon after the crash can help identify your injuries and create a record of your care.
You may also choose to report the accident and keep records related to the crash. Medical documentation, repair estimates and insurance communications may help show how the collision occurred and the losses tied to your injuries..
What happens after a partially at-fault accident
After a crash, insurance companies review the circumstances of the collision and the injuries involved. They rely on police reports, medical records and other information to evaluate how responsibility may be divided between the drivers.
Because New York uses this shared-fault system, being partly at fault does not eliminate your ability to recover damages. Being partly at fault may reduce your final check, but it does not stop you from seeking the justice and support you need to move forward.
