Can You Still File a Claim If You Were Partially at Fault?
After an accident, it’s normal to ask yourself, “Was any of this my fault?” You might wonder if you can still file a claim if you made a mistake that played a role in causing the accident. The good news is, in New York State, you can still file a claim even if you were partially at fault.
If you or someone you love has been injured in an accident, Cellino Law is here to help. Fill out our online form today to schedule a free case consultation with a member of our legal team.
New York Is a “Pure Comparative Fault” State
In New York, the law allows you to file a personal injury claim even if you were partly to blame for the accident. This is called “pure comparative fault.” That means your role in the accident doesn’t stop you from seeking compensation for your injuries. Instead, the amount of money you can receive will be reduced based on the percentage you are found to be at fault for the accident.
How Comparative Fault Works
The amount of compensation you can recover when filing a claim is reduced based on how much of the accident was your fault. For example, if you were found to be 20% at fault, you could still recover 80% of your total damages. That includes things like medical bills, lost wages, and pain and suffering.
This system is called pure comparative fault, and it applies no matter how high your share of the blame is. Even if you were 99% at fault, you may still recover 1% of your losses. That’s what makes New York different from many other states, which limit or block claims if your fault exceeds a certain percentage.
What Types of Cases Does This Apply To?
Comparative fault can come into play in many kinds of personal injury cases, such as:
- Car crashes
- Truck accidents
- Motorcycle accidents
- Pedestrian or bicycle injuries
- Slip and fall injuries
- Construction accidents
If there’s any question about who caused the injury—or if more than one person may have played a part—comparative fault may affect your case.
Who Decides If You Were At Fault?
Usually, insurance companies and attorneys look at the details of the accident to determine fault. Sometimes both sides agree. Other times, the case goes to court and a judge or jury decides how the blame should be divided.
Keep in mind that insurance companies may try to shift more blame onto you to lower the amount they have to pay. That’s why it’s important to have a lawyer on your side who can investigate what really happened and fight for a fair outcome.
How Can You Protect Your Rights If You Might Be Partially at Fault?
Even if you think you may be partially at fault, you can still take steps to protect yourself and strengthen your claim after an accident.
1. Don’t assume it was all your fault.
Accidents are complicated. Even if you think you did something wrong, that doesn’t mean the other person didn’t also contribute. An investigation may reveal details you weren’t aware of at the time.
2. Document everything.
Take pictures of the scene, gather witness contact information, and keep detailed records of your medical treatment. Strong documentation can help support your version of events and show that others may have been responsible as well.
3. Be careful when speaking with insurance companies.
The insurance company may try to use your words against you. Never admit fault or guess about what happened. It’s okay to say you’re unsure and that you’re speaking with a lawyer. Even casual statements can be used to reduce or deny your claim.
4. Talk to a personal injury attorney.
An attorney can review your case and help you understand your rights, even if you’re not sure who was at fault. At our firm, we offer free consultations, so there’s no risk in getting advice. Consulting with an attorney as soon as possible can make a significant difference in protecting your interests and securing fair compensation.
What If the Other Person Is Saying You Were at Fault?
This may happen, especially in car accidents where each driver claims the other made a mistake, such as running a stop sign, speeding, or failing to yield. When both parties place blame on each other, determining fault comes down to carefully reviewing the evidence. This can include witness statements, video footage from traffic cameras or nearby businesses, police crash reports, and expert analysis of the scene and damage.
Your attorney’s role is to collect all relevant information, investigate the circumstances thoroughly, and present a clear and accurate picture of what happened. By doing this, they ensure your side of the story is properly represented and that fault is assigned fairly.
Cellino Law Is Here to Support You
If you were hurt in an accident and think you might be partly at fault, don’t write off your case. Our team has helped people across New York State get the compensation they deserve—even in situations where fault was in question.
We’re here to listen, explain your options, and stand by your side every step of the way. If you’re unsure whether you have a claim, fill out our online form or call 888-888-8888 for your free case consultation with Cellino Law.
Content checked by the personal injury attorney Timothy Cellino
Timothy Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community.
I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
