If you’ve been in a car accident in New York and think you might be partly to blame, don’t panic. Many people assume that if they were even a little at fault, they can’t file a claim or get help with their injuries or car damage. That’s not true. New York law actually allows you to recover compensation, even if you share some of the blame.
Understanding Comparative Negligence in New York
New York follows something called a pure comparative negligence rule. All that really means is this: if you were partly at fault, you can still file a claim—but the amount you get will be reduced based on your share of the blame. So, if you’re found to be 20% at fault, you’d still get 80% of whatever your claim is worth.
This system is meant to be fair. Accidents often happen because more than one person made a mistake. Maybe someone ran a red light, but you were going a little too fast. In New York, you’re not automatically disqualified from getting help just because you weren’t perfect.
Examples of Shared Fault Scenarios
Shared fault happens more often than you might think. Maybe both drivers were speeding. Maybe one person failed to use their turn signal, and the other didn’t yield. These situations aren’t cut and dry, and it’s not unusual for both sides to carry some responsibility. That’s exactly why New York uses this system—to make sure people still have a shot at fair compensation, even in messy situations.
Evidence That Can Help You
If you’re worried about being blamed for more than your fair share, the right evidence can help tell your side of the story. Eyewitnesses can make a big difference, especially if they saw what happened. Dashcam footage—yours or someone else’s—can be incredibly helpful, too. Police reports can also point out who got a ticket or what the conditions were like when the crash happened.
Even if fault is shared, having solid proof on your side can help lower your percentage of blame and increase what you’re able to recover.
Why You Still Need an Attorney
Just because the law is fair doesn’t mean the insurance company will be. Their goal is to pay out as little as possible, and they may try to argue that you were more at fault than you actually were. That’s where having a lawyer makes a big difference.
At Gash & Associates, P.C. in White Plains, NY, we’ve helped people all over New York recover compensation after crashes—even when they thought they might be at fault. Call us at (914) 328-8800 and let us fight for what you deserve.
FAQ
Can I get 100% compensation if I’m only 10% at fault?
No. Your compensation will be reduced by your share of the blame. In this case, you’d get 90%.
How is fault determined in New York auto accidents?
Insurance adjusters and sometimes courts look at things like police reports, witness statements, and evidence from the scene.
Will my insurance rates go up?
They might. It depends on your insurance company and how much fault is assigned to you.