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?
It depends on your percentage of fault and whether this is a motor vehicle accident. LAW CHANGED EFFECTIVE MAY 26, 2026:
For Motor Vehicle Accidents:
- If you are 50% or LESS at fault: Yes, you can recover damages, reduced proportionately by your fault percentage.
- If you are MORE than 50% at fault: No, you cannot recover non-economic damages (pain and suffering). You would only have access to your no-fault (PIP) insurance benefits.
For Other Personal Injury Cases (NOT motor vehicles): New York still applies pure comparative negligence. You can recover damages even if you are partially or mostly at fault, with damages reduced by your percentage of fault. This includes slip-and-fall, construction accidents, and premises liability cases.
These significant changes apply only to motor vehicle accident cases commenced on or after May 26, 2026.
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 80 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.
