Many people assume that if they were even partially responsible for an accident, they don’t have a personal injury case. In New York, that’s not true.
New York law allows injured people to pursue compensation even when they share some of the blame for an accident. What matters is how fault is divided and whether your injuries meet certain legal thresholds.
Understanding how this works can make a significant difference in whether you receive compensation, and how much.
New York’s Comparative Negligence Rule Explained
New York follows what’s known as a pure comparative negligence system. Under this rule, an injured person can recover compensation even if they were partially at fault for the accident.
However, the amount you recover is reduced by your percentage of fault.
For example, if you are 25% responsible for an accident, the damages you may recover is reduced by 25%:
• If your damages total $100,000
• And you are found 25% at fault
• You may still recover $75,000
You are only barred from recovery if you are found 100% responsible for the accident.
This approach is different from laws in some states where being even slightly at fault can prevent any recovery at all.
How No-Fault Insurance Affects Car Accident Claims in New York
New York’s no-fault insurance system adds another layer to car accident claims.
Under this system, your own Personal Injury Protection (PIP) coverage pays for:
• Medical treatment
• A portion of lost wages
• Certain out-of-pocket expenses
These benefits are available regardless of who caused the accident.
However, no-fault benefits do not cover:
• Pain and suffering
• Loss of enjoyment of life
• Other non-economic damages
To pursue those types of damages, your injuries must meet New York’s serious injury threshold.
The Serious Injury Threshold: When You Can File a Lawsuit
In order to step outside the no-fault system and bring a lawsuit against another driver, your injuries must qualify as “serious” under New York law. Examples include:
• Fractures
• Significant disfigurement
• Dismemberment
• Permanent loss or limitation of use of a body part or function
• Injuries that prevent you from performing substantially all of your usual activities for at least 90 of the first 180 days following the accident
• Death
If your injuries meet this threshold, you may pursue compensation for pain and suffering — even if you were partially at fault. Any recovery would still be reduced by your percentage of responsibility.
How Partial Fault Impacts Your Case
When fault is disputed, insurance companies often try to assign a greater share of blame to the injured person. This directly reduces what they may have to pay.
Because of this, fault determination becomes one of the most important aspects of a personal injury case. Evidence, witness statements, medical records, and accident reconstruction can all play a role.
An experienced MCV Law personal injury attorney can challenge unfair fault assessments and push back against attempts to minimize valid claims.
Why You Should Be Careful When Dealing with Insurance Companies
Insurance adjusters may reach out quickly after an accident, especially if fault is unclear. Their goal is often to:
• Secure recorded statements
• Encourage quick settlements
• Shift blame onto the injured person
If you were partially at fault, insurers may use that as leverage to reduce or deny compensation.
Before accepting any settlement or providing detailed statements, it’s important to understand how your words and actions could affect your case.
Steps to Take After an Accident — Even if You Think You Share Fault
If you’ve been injured in an accident, taking the right steps early can help protect your rights:
• Seek medical treatment right away and follow through with care
• Call the police and make sure a police report is filed
• Document the scene, injuries, and damage if possible
• Report the accident to your insurance carrier
• Obtain copies of the police report and accident exchange form
• Speak with a personal injury attorney before accepting any settlement
Fault is determined through investigation, not by assumptions made in the moments after an accident.
Time Limits for Filing a Personal Injury Claim in New York
In most New York personal injury cases, the statute of limitations is three years from the date of the accident. Missing this deadline can permanently bar you from pursuing compensation.
Because evidence can fade and deadlines can approach quickly, speaking with an attorney sooner rather than later is often critical.
How MCV Law Can Help
At MCV Law, our personal injury attorneys understand how New York’s comparative negligence and no-fault laws work together. We help injured people:
• Evaluate whether their injuries meet the serious injury threshold
• Push back against unfair fault allegations
• Deal with insurance companies on their behalf
• Pursue full and fair compensation under the law
Being partially at fault does not mean you are out of options.
If you were injured in an accident and have questions about your rights, contact MCV Law for a free consultation at 315-471-1664.