[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.buffalolaw.com\/can-i-still-sue-if-i-was-partially-at-fault-in-my-car-accident\/#BlogPosting","mainEntityOfPage":"https:\/\/www.buffalolaw.com\/can-i-still-sue-if-i-was-partially-at-fault-in-my-car-accident\/","headline":"Can I Still Sue If I Was Partially At Fault in My Car Accident?","name":"Can I Still Sue If I Was Partially At Fault in My Car Accident?","description":"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...","datePublished":"2025-06-11","dateModified":"2025-09-16","author":{"@type":"Person","@id":"https:\/\/www.buffalolaw.com\/author\/dwolff\/#Person","name":"David Wolff","url":"https:\/\/www.buffalolaw.com\/author\/dwolff\/","identifier":27,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Cantor, Wolff, Nicastro & Hall LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2025\/05\/Partially-At-Fault-in-My-Car-Accident.jpg","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2025\/05\/Partially-At-Fault-in-My-Car-Accident.jpg","height":628,"width":1200},"url":"https:\/\/www.buffalolaw.com\/can-i-still-sue-if-i-was-partially-at-fault-in-my-car-accident\/","about":["Car Accident"],"wordCount":733,"articleBody":"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.\u00a0How New York\u2019s No-Fault Insurance Coverage Impacts YouSince 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\u2019re 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.\u00a0By living in a no-fault state, you\u2019ll 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.\u00a0Reap the Benefits of Legal Representation After a Car CrashMany 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.\u00a0Can You Recover Damages If You\u2019re Partially At Fault in a Car Accident?Just because you bear partial responsibility in a crash doesn\u2019t mean you can\u2019t secure financial compensation, especially in New York. Other states restrict drivers from collecting damages if they\u2019re more than 50% at fault for the accident. However, New York doesn\u2019t have a liability limit.\u00a0Establishing liability ultimately impacts how much you\u2019re eligible to receive in a settlement. Lawyers need to gather evidence to determine liability, including:Police reportsMedical recordsWitness statementsPhotos and videos from the crashYou can maximize your settlement if evidence shows you played a minimal role in causing the accident.\u00a0Determine Your Payout Potential With Comparative NegligenceWhile New York doesn\u2019t have a liability limit, it does follow comparative negligence laws. This means that anyone who\u2019s partially at fault in a car accident can\u2019t receive full compensation. Court officials determine the fault percentage for car accident victims, which impacts how much they can receive in a settlement.\u00a0Imagine you\u2019re texting while turning at an intersection. Another driver runs a red light and hits your car as you\u2019re 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\u2019d miss out on 20% of the earnings, given your role in the accident.\u00a0Drivers 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 AssistanceDon\u2019t worry if you\u2019re partially at fault in a car accident. Insurance companies must reimburse you for medical care, lost wages, and property damage. If you\u2019re 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."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Can I Still Sue If I Was Partially At Fault in My Car Accident?","item":"https:\/\/www.buffalolaw.com\/can-i-still-sue-if-i-was-partially-at-fault-in-my-car-accident\/#breadcrumbitem"}]}]