What If I'm Partly at Fault for an Accident in New York?

After an accident, it is natural to wonder whether something you did contributed. Maybe you were a few miles over the limit, glanced at your phone, or were not wearing a seat belt. Many people assume that any share of fault ends their case. In New York, it does not.

New York’s Pure Comparative Fault Rule

New York uses pure comparative fault (CPLR § 1411). Your damages are reduced by your percentage of fault, but your claim is never barred, even if you were mostly to blame. Some states cut off recovery once you are 50 percent or more at fault. New York does not.

For example, suppose a jury values your damages at $100,000 and finds you 20 percent at fault. You recover $80,000. Even at 60 percent fault, you would still recover $40,000.

Who Has to Prove Your Fault

Your own culpable conduct is an affirmative defense (CPLR § 1412). That means the defendant, not you, must raise it and prove it. Insurance adjusters often assign percentages of fault early in a claim, but an adjuster’s opinion is not a finding. The evidence decides.

Common Ways Insurers Shift Blame

• Seat belts: in a car case, not wearing a seat belt can reduce your damages (VTL § 1229-c(8)), but it does not bar your claim, and the defense has to prove the connection to your injuries.
• Phone use: the insurer may seek your phone records to argue you were distracted.
• Speed: vehicle data recorders, video, and scene evidence may be used to argue you were speeding.
• Recorded statements: an adjuster may ask for a recorded statement soon after the crash and later use offhand remarks, like “I didn’t see them,” against you. Talk to a lawyer before giving one.

Shared Fault With Multiple Defendants

When more than one party caused the accident, New York limits what some defendants pay. A defendant found 50 percent or less at fault generally pays only its proportional share of non-economic damages, such as pain and suffering (CPLR § 1601). There are important exceptions, including cases arising from the use or operation of a motor vehicle (CPLR § 1602).

Car Accidents: No-Fault and the Serious Injury Threshold

In a car accident, your own No-Fault coverage pays basic economic loss, such as medical bills and part of your lost wages, no matter who caused the crash (Insurance Law § 5103). To sue the other driver for pain and suffering, you must meet New York’s serious injury threshold (Insurance Law § 5102(d)). Comparative fault then reduces what you recover in that lawsuit.

To see how the numbers come together, read how pain and suffering is calculated and what drives what your case is worth.

How Seraj Law Can Help

An attorney can investigate the accident and respond to inflated fault claims. Seraj Law takes personal injury matters on a contingency-fee basis, and you can contact us to ask about a free consultation before you give the insurer a recorded statement.

Personal injury matters are handled on a contingency-fee basis under a written retainer agreement: no attorney fee is charged if there is no recovery. You may still be responsible for court costs and case expenses, and the retainer agreement states whether those are deducted before or after the fee is calculated.