Can I still recover money if I was partly at fault for my accident in New York?
What you need to know
Many injured New Yorkers assume that because they did something wrong — jaywalking, not wearing a seatbelt, stepping off a curb carelessly — they cannot recover anything. That is not how New York law works.
Pure Comparative Negligence
New York follows pure comparative negligence under CPLR §1411. This means your recovery is reduced by your percentage of fault, but you are not completely barred from recovering. If a jury finds you were 30% at fault and your damages total $100,000, you recover $70,000. If you were 80% at fault, you still recover 20%.
This is more favorable than most other states, which use modified comparative negligence and bar recovery once you hit 50% or 51% fault.
How Insurance Companies Use This Against You
Insurers will try to exaggerate your share of fault to minimize what they pay. Common tactics include claiming you were speeding, distracted, or ignored warning signs. They will review your social media, obtain surveillance footage, and send adjusters to take recorded statements — often before you have spoken to an attorney.
Do not give a recorded statement to the other driver's insurer without legal advice. Anything you say can be used to inflate your fault percentage.
Seatbelt Defense
New York allows defendants to raise the seatbelt defense under Vehicle and Traffic Law §1229-c. If you were not buckled, a portion of your damages can be attributed to your own negligence.
No fee unless we win — contingency only. Call us before you talk to any insurance adjuster.
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Learn more →The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
- 20 years in practice
- Fluent in Spanish
Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
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