Can You Get Compensation If the Accident Was Partially Your Fault in NYC?

Sometimes the cause of a car accident is unclear, especially in the congested streets of NYC. If you’ve been injured while driving a car, understand that there’s still a chance to receive money for your injuries even if you were partially at fault.

Under New York’s comparative negligence laws, it’s possible to be compensated for your pain and suffering and other damages depending on your level of fault. At Oresky & Associates, PLLC, we have decades of experience winning New York car accident cases and fighting to get the most money possible for our injured clients.

Getting Compensation If You’re Partially at Fault for the Accident

In New York, the state’s pure comparative negligence rule means that the amount of compensation you can recover is reduced by your percentage of fault. For example, if it was determined you were 30% responsible for a crash and your total damages were $100,000, you could still receive $70,000.

How New York’s No-Fault Insurance Works — Filing a PIP Claim

Following a car accident, New York uses a no-fault insurance system, meaning your own insurance policy will typically cover certain expenses, no matter who caused the accident. This includes Personal Injury Protection (PIP) coverage for medical expenses and lost wages. Every driver in New York is required to carry PIP insurance, which covers up to $50,000 per person for:

• Medical bills
• Lost wages
• Other necessary expenses related to the accident

If you were injured in a motor vehicle accident, no matter whose fault it was, you must file a PIP claim with your insurance first. And if the other driver was also hurt, they’d have to file a PIP claim for medical coverage and lost wages on their own auto policy.

Filing a Personal Injury Claim for Serious Injuries

If your injuries meet New York’s serious injury threshold, you may be able to collect damages that PIP does not cover through a personal injury lawsuit against the other driver, even if you share some blame. These damages include past and future pain and suffering. Accidents you can receive damages for include a car crash, a car striking a pedestrian, a truck accident, a motorcycle accident, or even a distracted driving accident.

Serious injuries under NY Law are specifically defined as:

• Significant disfigurement
• Dismemberment
• Bone fractures
• Permanent loss or significant limitation of a body organ, member, function, or system
• Loss of a fetus
• Death
• Medically determined non-permanent injury of a non-permanent nature which prevents performing substantially all of the material acts which constitute such person's daily activities for not less than ninety days during the one hundred eighty days after the accident

If you’re suffering from any of these types of injuries, talk to one of our skilled NYC auto accident lawyers immediately about whether to pursue a claim or lawsuit.

What to Do After the Accident

No matter your level of fault or the seriousness of your injuries, knowing what to do after a car crash is important. This includes:

• Seeking immediate medical attention
• Reporting the accident to the police
• Gathering evidence and witness information
• Contacting our experienced personal injury attorneys as soon as possible

These steps can protect your rights and improve your chances of securing full and fair compensation.

Why Contact a Lawyer Even If You Think You Were Partially at Fault

Even if you think you’re partly to blame, one of our knowledgeable attorneys can review the facts and help protect your legal interests. We have decades of success in handling complex and challenging auto accidents. We will do the following to get you the most money possible for your injuries:

• Investigate the accident thoroughly
• Obtain police reports and witness statements
• Secure any video evidence of the crash
• Obtain medical records and reports of your injuries
• Calculate your damages and economic losses
• Negotiate with insurance companies
• Submit evidence to reduce your percentage of fault
• Maximize your potential compensation

Insurance companies’ main goal is to pay you as little as possible, and they often try to place more blame on injured drivers to avoid paying fair settlements. Hiring us will give you the best chance of recovering the most money possible.

Put Our Experience to Work for You. Call Us Today.

Don’t believe what the insurance adjusters are telling you. Get a free, no-obligation consultation for clear, honest advice from the skilled lawyers at Oresky & Associates, PLLC.

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Damages You Can Recover If You’re at Fault for the Accident

Even if you're partially at fault, several types of compensation may still be available to you:

• Medical bills: Your PIP coverage will cover your medical expenses up to your policy limit. For severe cases like spinal cord injury, brain injury, or a concussion, you may also seek additional compensation.
• Lost wages: If your injuries prevent you from working, you may be reimbursed for some of your lost wages.
• Out-of-pocket expenses: PIP may also cover reasonable out-of-pocket expenses for transportation, household help, and medical devices.
• Pain and suffering: If your injuries qualify under the serious injury threshold, you may pursue damages for physical and emotional pain, but the percentage of your fault will reduce your compensation.
• Future expenses: For long-term injuries, you might recover future medical expenses, rehabilitation, and future lost earning capacity.

Even if your friends and family are telling you it’s not worth your time because the accident was partially your fault, contact the professionals at Oresky & Associates, PLLC, to make sure you’re not losing out on thousands of dollars.

Your Fight Is Our Fight. It’s What We Do Best.

Even if you share blame for an accident in New York City, don’t let assumptions about fault stop you from protecting your legal rights. The exceptional legal team at Oresky & Associates, PLLC, is ready to fight to win you the most money possible. Contact us today for a free, no-obligation consultation. We can assist you in English or Spanish.