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Can You Get Compensation if an Accident Was Your Fault in New York?

In New York, the law allows seriously injured people to recover damages through a lawsuit, even when they are partly at fault for the car accident that injured them. However, when that occurs, the injured person’s compensation is reduced proportionately to percentage their negligence contributed to the accident.

Key Takeaways

  • New York is a no-fault insurance state, meaning you must first turn to personal injury protection (PIP) insurance after an accident.
  • You can file a car accident lawsuit if you suffered a qualifying “serious injury”:.
  • If you were seriously injured in a crash that you partially caused, you can still recover compensation, but it will be reduced proportionately by your percentage of fault.
  • Hiring a car accident attorney can protect your right to full and fair compensation by ensuring that you are not wrongly blamed for your accident.

Will New York’s No-Fault Laws Cover You if You Were Partially at Fault for a Car Accident?

If your injuries qualify as “serious” under New York law, you may be eligible to file a car accident lawsuit against the negligent party—even if you were partially at fault for the crash. New York is a no-fault insurance state for car accidents, which means that injury victims can rely on personal injury protection (PIP) insurance to cover medical bills, lost wages, and other basic economic damages, regardless of who was at fault for the accident.

Can You Still Sue for Compensation if You Share Fault for an Accident?

Yes you can. However, the damages you can recover will be reduced in proportion to your share of the fault. The other party may also be entitled to recover proportionate compensation if they were also injured. New York applies the doctrine of pure comparative negligence in car accident lawsuits. This means that seriously injured people can recover damages after a crash, even if they were partially or mostly at fault. 

Why Should You Hire a Car Accident Lawyer if You Caused an Accident?

After you file a car accident in New York, the other party and their insurance company will strive to assign as much blame to you as possible, thereby reducing your potential compensation. Hiring an experienced car accident attorney can help you counter their underhanded tactics. You can count on our skilled legal team to gather all available evidence, push back against wrongful accusations of fault, and fight for the full and fair compensation you deserve.

Contact Lever & Ecker’s Car Accident Attorneys Today

At Lever & Ecker, our award-winning New York personal injury lawyers have the skills and expertise to determine liability in your accident, the fair value of your claim, and the best path toward compensation for your injuries and losses. Our attorneys have over 70 years of combined experience representing injury victims and a 99 percent success rate. We ensure our clients receive the top-tier legal representation and open line of communication they deserve.  

With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. Contact us online or call (914) 288-9191 to schedule your free, no-obligation consultation today.

dan ecker, david lever, and adam weiss

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