If you’re involved in a car accident in NYC, one of the most frequent questions that comes to mind is, can I claim compensation if I am partially at fault for the accident? Since New York is a no-fault state, you are able to claim compensation up to a certain degree. However, New York also follows the pure comparative negligence rule, which means that being partially at fault for the accident can impact your compensation. In this post, as your accident lawyer in Queens, we will explain how partial fault affects your compensation, how fault is established, and what you can do to protect yourself and maximize your compensation.
What is the pure comparative negligence rule?
In New York, the pure comparative negligence rule (CPLR Section 1411) is the rule that allows injured parties to claim and recover compensation for damages suffered in an accident, even if they are partially at fault for the accident. However, the compensation they can claim is reduced in direct proportion to the percentage of fault assigned.
How does fault percentage affect your compensation?
As we mentioned above, the compensation a person can claim is reduced in direct proportion to the fault assigned. For example, after an accident if the person is claiming $100,000 in damages but is also 40% responsible for the accident, their compensation will be reduced by 40%. This means they will only walk away with $60,000.
However, since New York operates under the pure comparative negligence rule, a person can claim compensation even if they are 99% at fault for the accident. They will still be compensated for the 1%.
Will comparative negligence reduce your no-fault benefits?
When injured in a car accident, a victim can claim immediate financial relief under the no-fault system. Under your Personal Injury Protection (PIP) coverage, you claim compensation for medical expenses, lost wages, and other connected expenses. A person can claim up to $50,000 under this system.
Since it is a ‘no-fault’ system, this compensation is not affected by your fault. As such, comparative negligence will not reduce your no-fault benefits. Comparative negligence will only apply to compensation you claim outside the no-fault system via a lawsuit.
What are the common situations where fault is shared?
While sharing fault in an accident must be determined on a case-by-case basis, here are some of the more frequent situations where fault is shared:
- Rear-end collisions with sudden stops
- Lane change or merging accidents
- Intersection accidents
- Distracted driving cases
- Backing-up accidents
What can be used to determine fault in an NYC car accident?
Insurance adjusters, lawyers, and the courts determine fault by analyzing the evidence and building a clear picture of the events that occurred. The key tools and evidence used to determine fault in NYC car accidents include:
- Police reports
- Medical reports
- Photographs and videos of the damage and scene of the accident
- Video footage (traffic footage, cam, CCTV footage, dashcam footage, etc.)
- Witness statements
- Expert analysis and testimony
How can you reduce your fault percentage?
If you’ve been involved in a car accident and you believe that you may share some of the responsibility for the accident, you might wonder if there are ways for you to reduce your fault percentage. The answer is yes. Fault is not always set in stone, and there are things you can do to reduce your fault percentage. They include:
- Seek immediate medical attention—Proper medical care protects your health and strengthens the link between the accident and injuries.
- Gathering strong evidence early—clear evidence will be essential to contradict the claims and narratives of the other party and set the record straight.
- Ensure the accuracy of the police report—Make sure that the details included in the police report are all correct, as inaccuracies can be used as justifications to reduce compensation.
- Identify contributing factors—Look beyond your own actions and see what other elements may have contributed to the accident.
- Do not apologize or admit fault—When you apologize or admit fault, it can be interpreted as an admission of fault.
- Challenge the findings of the insurance company—insurance companies will try to minimize your injuries and get you to accept lowball settlements. Carefully review their findings and dispute their findings if needed.
- Work with an experienced car accident lawyer in Manhattan—proper legal representation can make a significant difference. Work with your attorney to present a case that reduces liability and maximizes compensation.
Conclusion
Being partially at fault for an NYC car accident does not mean you lose the right to compensation, but it does reduce the amount of compensation you can receive. It is the result of the pure comparative negligence rule. Even a small increase in the fault percentage assigned can reduce the amount of compensation you recover. That is why you need to work with an experienced car accident lawyer in NYC to build a strong and defensible claim.
If you’re looking for a team to build a strong and compelling case, Gabriel Law can help. Schedule your free consultation with us and let’s work together to protect your rights and pursue the compensation you deserve.
