If you’ve been involved in a car accident in New York and find yourself wondering whether you can still file a lawsuit if you were partially at fault, the answer is yes. Many individuals believe that being partially responsible for an accident means they automatically forfeit their right to seek compensation, but that’s not the case in New York. The state follows a system known as “comparative negligence,” which allows injured parties to pursue compensation even if they share a portion of the blame for the incident. However, the amount of compensation you can recover will be reduced according to your degree of fault in the accident.
New York’s Comparative Negligence Law Explained 
New York is one of the few states that follows a “pure comparative negligence” rule. Under this law, even if you are partially at fault for an accident, you are still entitled to file a lawsuit and seek compensation for your injuries. The important detail to understand is that your compensation will be adjusted based on the percentage of fault you are assigned. For example, if you are found to be 30% at fault for a car accident, and your total damages amount to $100,000, you would be eligible to recover $70,000, as your compensation would be reduced by 30%.
This system of pure comparative negligence is different from the contributory negligence system, which is used in some other states. In those states, if you are found to be even a small percentage at fault, you may be completely barred from recovering damages. New York’s law allows you to receive compensation regardless of how much fault you have in the accident, as long as you are not 100% responsible for the event.
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The No-Fault Insurance System in New York
New York’s no-fault insurance system plays a significant role in how compensation is handled in car accidents. Under this system, every driver is required to carry Personal Injury Protection (PIP) insurance. This insurance covers medical expenses, lost wages, and other financial losses resulting from an accident, regardless of who caused the crash. However, the no-fault system has limits. It only covers economic damages and does not account for non-economic damages, such as pain and suffering.
If your injuries qualify as “serious” under New York law, you may be able to step outside the no-fault system and file a lawsuit against the at-fault driver for pain and suffering. This is where comparative negligence comes into play. Even if you are partially at fault, you can still pursue damages for non-economic losses if you meet the criteria for a serious injury. However, your compensation will be reduced by your percentage of fault in the accident.
Serious Injury Threshold and the Right to Sue
To file a lawsuit for non-economic damages like pain and suffering in New York, your injuries must meet the state’s “serious injury” threshold. This threshold includes:
- Bone fractures
- Loss of a limb or organ
- Significant disfigurement
- Permanent loss of use of a body part or function
- Death
If your injuries fall into one of these categories, you are eligible to file a lawsuit, even if you were partially at fault for the accident. For instance, if you suffer a broken leg in a car accident and the other driver is 20% at fault, you can still sue for the pain and suffering related to that injury. However, the compensation you receive will be adjusted based on the percentage of fault you are assigned.
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The Impact of Partial Fault on Your Lawsuit
One of the most important aspects of filing a lawsuit after an accident in New York is understanding how partial fault affects your compensation. New York follows the principle of pure comparative negligence, which means that the amount of compensation you can recover is directly related to the percentage of fault assigned to you.
For example, if you are in a car accident and are found to be 40% at fault, but the total damages amount to $150,000, you can still recover 60% of that amount, which would be $90,000. It’s important to note that your compensation can never be more than the total amount of damages, but you will still receive compensation proportionate to the fault that lies with the other party.
This is especially important when dealing with insurance companies, as they will attempt to assign as much fault as possible to reduce the payout on a claim. A skilled personal injury lawyer can help ensure that the insurance company’s investigation is fair and that you are not unfairly blamed for the accident.
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Insurance Adjusters and Settlements
After an accident, insurance adjusters will get involved in assessing the damages and negotiating settlements. However, it’s important to be cautious when dealing with insurance companies, as they may offer you a quick settlement that’s much lower than what you’re entitled to. If you are partially at fault for the accident, the insurance company might offer you even less, hoping to settle quickly and avoid a lengthy legal battle.
Insurance adjusters are trained to minimize their payouts, which can be to your detriment. They may argue that you were more at fault than you were or try to downplay the severity of your injuries. This is why it’s crucial to have an experienced attorney on your side. A lawyer can help you navigate the complexities of the claims process, protect your rights, and ensure that you are not taken advantage of during settlement negotiations.
What You Should Do After an Accident
If you are involved in a car accident in New York, whether or not you are at fault, there are several important steps you should take to protect your rights and ensure that you receive fair compensation:
- Seek immediate medical attention: Not only is this important for your health, but it also documents your injuries and creates a record that can be used to support your claim.
- Gather evidence from the scene: Take photographs of the accident scene, your vehicle, and any visible injuries. Collect witness statements and the police report if available.
- Do not admit fault: Even if you think you may have contributed to the accident, avoid admitting fault to anyone at the scene, including the other driver or the police. Fault will be determined later through an investigation.
- Consult with an attorney: A skilled personal injury lawyer can guide you through the legal process, ensure that your rights are protected, and help you get the compensation you deserve. They will also handle communication with the insurance companies and help negotiate settlements.
- Be cautious with insurance adjusters: Insurance adjusters may try to convince you to accept a low settlement or assign more fault to you than is warranted. Consult with an attorney before agreeing to any settlement offer.
Verdicts & Settlements
The Statute of Limitations for Personal Injury Claims in New York
In New York, the statute of limitations for personal injury claims is three years from the date of the accident. This means you have three years from the accident date to file a lawsuit in order to preserve your right to compensation. Failing to file within this period may result in the court barring you from pursuing the claim.
It’s important to act quickly, as gathering evidence, medical records, and witness statements can take time. Working with a personal injury attorney can help you meet all deadlines and ensure that your case is filed within the appropriate time frame.
If you’ve been involved in a car accident in New York and are partially at fault, you can still file a lawsuit and seek compensation for your injuries. New York’s comparative negligence law allows you to recover damages even if you share some responsibility for the accident. However, your compensation will be reduced by your percentage of fault. If your injuries meet the serious injury threshold, you can pursue compensation for pain and suffering in addition to economic damages.
It’s important to seek immediate medical attention, gather evidence, and consult with a skilled personal injury attorney to protect your rights. A lawyer can help you navigate the complexities of the claims process, deal with insurance companies, and ensure that you receive a fair settlement based on the extent of your injuries and the degree of fault you are assigned.
If you have been injured in an accident and are unsure about your ability to file a lawsuit, reach out to Andrews, Bernstein & Maranto, PLLC. Our team of experienced personal injury attorneys is here to help you get the compensation you deserve, regardless of the percentage of fault assigned to you.