After a New York accident, it is common to experience feelings of self-blame. However, this emotional response is distinct from legal responsibility. New York law evaluates the actions of all involved parties to assign fault. New York utilizes a pure comparative negligence system, which allows victims to seek compensation even if they are partially or even mostly at fault for an accident. Please continue reading to learn how this rule affects your ability to recover compensation and how our dedicated Harrison Personal Injury Attorneys can assist you during these difficult times.
How Does New York’s Comparative Negligence Law Affect My Accident Claim?
Under New York’s Civil Practice Law and Rules § 1411, if another party’s carelessness causes you harm, your own “culpable conduct” (like shared responsibility or accepting the risk) does not stop your claim. Instead, your compensation isreduced b the amount you are to blame. In simple terms, this means:
- Even if you are assigned 99% at fault, you can still collect 1% of the damages.
- If the other party was also hurt and you were partially at fault, they can also pursue payment for their losses.
This legal framework is more beneficial for injured parties than in “modified” fault states, where being 50% or 51% at fault can destroy your case. New York statute employs the following math formula:
- Your final payment=total losses x (100% – your share of blame).
If the court sets your losses at $200,000 but finds you 30% responsible, your award becomes $140,000. If they assign 70% fo the fault to you, you can still receive $60,000 under this pure comparative negligence system.
Insurance companies are well aware of this rule and strive to assign maximum blame to you to minimize your claim. A Harrison personal injury attorney can challenge this, using proof and expert opinions, to ensure your assigned fault percentage is as low and reasonable as possible.
How Do Insurance Companies Use Partial Fault Against You?
In New York accident cases, insurance adjusters aim to assign you maximum blame to minimize the final payout. They will exaggerate any mistakes you make, minimize their client’s violations, and suggest you could have avoided the incident. Given the state’s pure comparative negligence rule, even partial fault can significantly reduce your award. A skilled Harrison personal injury attorney can counter these tactics by presenting a fair view of the evidence.
Adjusters will likely try to obtain a recorded statement or call you for “clarification” to elicit comments that sound like you are admitting fault for the accident. With legal representation, you can effectively manage all communication with the insurance company. An attorney can help ensure that any statement provided doesn’t jeopardize your claim and that your words aren’t used to justify cutting your settlement.
If you have been injured in an accident and believe you may share some of the fault, it is in your best interest to contact an attorney at Hausman & Pendzick. Our legal team will help protect your rights, dispute unwarranted fault, and secure the compensation you need to get your life back on track. Connect with our firm today to schedule a consultation.