You can still recover money for your injuries if you were partially at fault for a car accident in New York. However, expect your share of fault to lower the amount of the award that you recover. Still, being partly at fault will not block your claim.
Our Long Island car accident lawyer will help prove which part of the crash the other driver caused if an insurance company starts reviewing your claim. After a crash, adjusters often try to shift the blame onto you to cut what they pay out.
We know these strategies and how they work. We will collect proof, challenge weak fault claims, and press for payment that reflects what actually happened on the road.
How New York Handles Shared Fault After a Crash
New York follows a rule called “pure comparative negligence.” The rule appears in New York Civil Practice Law & Rules § 1411.
Under this law:
- Each person involved in the crash gets a percentage of fault.
- Your total damages are reduced by your percentage of fault.
- You are not blocked from recovering money, even if you were mostly at fault.
For example, if your total losses are $100,000, and you are found 30% at fault, you can still recover 70%, or $70,000. This system focuses on dividing responsibility, not stopping someone from recovering damages.
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Why Parties Disagree Over Who’s At Fault After a Crash
Some crashes seem clear at first, but after a closer look, the facts may point in more than one direction. The following scenarios show how shared fault can come up in many types of collisions:
- One driver turns left across traffic, and the other is speeding.
- A driver runs a red light, and the other is distracted.
- A car merges without enough space, while the other refuses to slow down.
- A driver backs out of a space just as the other person cuts through the parking lot too fast.
- Two vehicles change lanes at the same time and sideswipe each other.
Even a rear-end crash is not always one-sided. A lead driver may stop in a travel lane, back the vehicle up suddenly, or drive with broken brake lights. Those facts can shift part of the blame.
What Factors Matter in Partial Fault Crashes?
Investigators look at what each driver did right before the crash. They check speed, signals, lane position, and following distance. Small mistakes can change the blame. Going a bit too fast or failing to signal a turn can place part of the blame on you.
No two crashes happen the same way. Fault often gets argued detail by detail. Insurance companies dig into those details to find reasons to pay less. Presenting clear proof of what each driver did right before the crash can help protect your claim.
How Insurance Companies Treat Partial Fault
Insurance companies review every move you made before the crash. They may say you followed too closely, drove too fast for traffic, failed to signal, or did not react in time. If they can successfully blame you for some of the accident, that means they can pay less on your claim.
We can use evidence to counter this strategy, such as:
- Photos of vehicle damage and road marks
- Traffic or dash camera footage
- Statements from witnesses
- Police crash reports
- Phone records to show no texting
- Data from the vehicles involved
Challenges You May Face if You Are Partly Responsible
For many, filing a claim for damages when they share fault for an accident feels slower and harder to sort out. This is why some people hire our personal injury lawyer in Long Island to handle their legal matters.
Insurance adjusters may start with a low offer that assumes you carry a large share of the blame. They may ask for extra time to “review the file” or request a recorded statement where they press for answers that support their view of the crash. You can decline making a recorded statement and seek help from our car accident attorney first.
You may also face steady pressure to settle quickly, which means you or someone else will have to pay any damages that the payout doesn’t cover. Once you sign a release, you cannot return later for more money if your condition worsens.
Filing Deadlines for Injury Lawsuits in New York
If it turns out that you’ll have to go to civil court to settle your disagreement, you have a limited time to sue the liable party for damages.
New York sets a firm time limit to file a lawsuit after a car crash. In most injury cases, you have three years from the date of the accident to start a court case under NY CPLR § 214(5).
This deadline applies even when insurance talks are ongoing. A claim can look close to settling and still run out of time to file. Missing the deadline usually ends the case in court, no matter how strong the proof may be.
Our attorney will keep track of this date and protect your right to seek damages if negotiations with the insurance company break down.
Partly At Fault for a Crash? Call Us to Get Help With a Claim
When two or more people share fault in a crash, every percent matters. Chaikin Trial Group Personal Injury Lawyers will gather proof that supports your case, file your claim on time, and push back when insurers try to shift blame.
We have recovered $100 million for injured clients and bring 50 years of combined experience, with 20 years from the principal attorney. You will work directly with an attorney and have access to their cell phone. Our team is fully Spanish-bilingual and will travel to you if you cannot reach the office.
Every new client receives transportation service for the first visit. You pay nothing upfront because the firm works on contingency.
Our goal is simple: fight hard, stay honest about results, and treat every client like family. Come in as a client, leave as a friend. Call today to speak with us during a free consultation.
