What to Expect If Partially at Fault in a New York Car Accident

When you apply for insurance for your car, you may come across the term “no-fault.” It means that you can use the policy to make a claim after an accident, even in situations where you are the one responsible.

Any claim you make with a no-fault policy will cover the personal injuries you sustain from an accident. It also includes the injuries of anyone else in the same vehicle as you. However, a no-fault policy does have its limits, meaning that some instances will take into account who is at fault.

In such a case, what can you expect if you were partially at fault in a car accident in New York? If this is the question you ask yourself, then read on to find out.

The cases that consider “fault” 

In cases where the no-fault policy will not be able to cover the injuries, whether because of limited coverage or the injuries are specifically said to be unrecoverable, the no-fault system will be set aside. This generally happens in accidents that involve serious injuries.

What counts as a serious injury

Many types of injuries are considered serious injuries. For example, fractures and dismemberment are considered serious injuries, and so are the permanent loss of an organ’s function, consequential limitation of organs, and even death.

Loss of a fetus and a significant restriction of a specific body part’s use also count as serious injuries. Finally, an injury that impairs a person’s ability to perform normally over 90 days after the accident is also deemed a serious injury.

How fault applies to the case

Regardless of what the serious injury is, the no-fault system may not be able to cover for such injuries. In such cases, the “pure comparative negligence rule” will be applied. Under this rule, a percentage of fault will be set for each individual involved in the accident. This means that if you were partially responsible for the accident, a percentage would be applied to just how much you were responsible for.

For instance, if you were 20 percent responsible for the accident, then your initial coverage will be cut down by 20 percent. This also means that if you are fully responsible, you will not be able to receive any compensation at all.

If you are facing such a case, working with an attorney would be in your best interest. With their help, you will be able to get fair compensation for the accident even if it goes beyond the no-fault system.


Getting into an accident is not fun for anyone, especially if it results in injuries or even death. In court, the last thing you will ever want to face is full or even partial responsibility for an accident, causing you to lose out on some or all of your compensation. For that reason, we once again recommend that you work with an attorney. Whatever allegations you will face, they will help ensure that you get as much compensation as possible to help you recover from a horrible situation.

In need of a New York personal injury lawyer? Housenbold Law is here to assist, offering reliable and trustworthy services to ensure you maximize your compensation. Get in touch with us and see how we can help!