Can I Still Sue If I Was Partially At Fault in My Car Accident?

Motorists involved in a car accident often ask one question: Can I sue despite being partially at fault in the car accident? Find out what your options are following a motor vehicle crash in this guide. The legal team at Cantor, Wolff, Nicastro & Hall LLC breaks down everything you need to know. 

How New York’s No-Fault Insurance Coverage Impacts You

Since New York is a no-fault state, auto insurance companies must pay claims for victims, regardless of their role in causing an accident. There are a few exceptions, such as driving while intoxicated, but in general, you can receive compensation even if you’re partially at fault for a collision. State law requires drivers to carry insurance policies that cover a minimum of $10,000 for property damage and $50,000 for bodily injuries per accident. 

By living in a no-fault state, you’ll be able to receive some financial compensation after a crash. However, your medical expenses, lost wages, and other accident-related costs might be far more than your estimated insurance payout. Team up with a personal injury lawyer to review your options for collecting damages after a shared-fault accident. 

Reap the Benefits of Legal Representation After a Car Crash

Many accident victims make minor mistakes that impact the amount of money they can receive in damages. Certain statements could unintentionally place the blame on yourself and backfire when it comes time to deal with insurance companies. A seasoned lawyer will guide you on how to act and speak regarding your involvement to avoid any admission of fault. 

Can You Recover Damages If You’re Partially At Fault in a Car Accident?

Just because you bear partial responsibility in a crash doesn’t mean you can’t secure financial compensation, especially in New York. Other states restrict drivers from collecting damages if they’re more than 50% at fault for the accident. However, New York doesn’t have a liability limit. 

Establishing liability ultimately impacts how much you’re eligible to receive in a settlement. Lawyers need to gather evidence to determine liability, including:

• Police reports
• Medical records
• Witness statements
• Photos and videos from the crash

You can maximize your settlement if evidence shows you played a minimal role in causing the accident. 

Determine Your Payout Potential With Comparative Negligence

While New York doesn’t have a liability limit, it does follow comparative negligence laws. This means that anyone who’s partially at fault in a car accident can’t receive full compensation. Court officials determine the fault percentage for car accident victims, which impacts how much they can receive in a settlement. 

Imagine you’re texting while turning at an intersection. Another driver runs a red light and hits your car as you’re turning. Who is more at fault?

The court may conclude that the other driver bears 80% of the fault, but your actions also make you negligent, assigning you a fault percentage of 20%. If your economic and non-economic damages amount to $100,000, you’d miss out on 20% of the earnings, given your role in the accident. 

Drivers who are substantially at fault in a car accident are entitled to lower payouts thanks to comparative negligence. Consult a lawyer who will gather evidence and create a compelling argument showing that your fault was minimal.

Team Up With New York Personal Injury Lawyers for Assistance

Don’t worry if you’re partially at fault in a car accident. Insurance companies must reimburse you for medical care, lost wages, and property damage. If you’re seeking a larger payout, consult our knowledgeable attorneys.

Contact Cantor, Wolff, Nicastro & Hall LLC today to discuss your options. Call 716-848-8000 or submit our online form to schedule a consultation.

Frequently Asked Questions (FAQ)

Q: Can I still receive compensation if I was partially at fault in a car accident in New York?

A: Yes, New York’s no-fault laws and comparative negligence allow you to receive compensation even if partially at fault, though it might be reduced based on your degree of fault.

Q: How does comparative negligence impact my car accident settlement?

A: Comparative negligence means your compensation is reduced by your percentage of fault in the accident, as determined by the court.

Q: What evidence is needed to determine liability in a shared-fault car accident?

A: Evidence such as police reports, medical records, witness statements, and photos/videos from the crash are used to establish liability.