If you’ve been hurt in an accident, you might worry that having done something contributory to the damage will prevent you from getting compensation. Dealing with physical injury is bad enough. Having to pay for bills and enduring other damages by yourself is way worse.
It might be beneficial for you to understand New York’s comparative fault system. That way, you know how you can protect your rights.
What New York’s comparative fault system means for you
New York follows a pure comparative fault rule that allows you to recover damages even if you were mostly responsible for the accident. Your compensation gets deducted depending on the amount of fault attributed to you.
Here’s how it works: if you’re found 30% responsible for a car crash with $100,000 in damages, you’ll receive $70,000. Even at 80% fault, you could still recover $20,000.
This system recognizes that most accidents involve shared responsibility.
How insurance companies exploit comparative fault
Insurance companies use this system strategically to reduce payouts. They’ll claim you were distracted, failed to follow traffic laws or ignored safety warnings. These companies employ experienced adjusters whose job is to minimize your settlement by exaggerating your role in the accident.
Without proper legal representation, you might accept fault percentages that aren’t accurate or fair.
Why legal counsel is essential
Fighting comparative fault allegations requires specific expertise. An experienced personal injury attorney will take crucial steps to protect your interests:
- Conduct thorough accident investigations to establish what really happened
- Gather evidence and expert testimony that supports your case
- Challenge the insurance company’s fault assessments with solid legal arguments
Every percentage point of fault can cost you thousands of dollars, making skilled legal representation financially essential.
Protecting your rights despite shared responsibility
Don’t let concerns about partial fault prevent you from seeking compensation. Even if you made mistakes that contributed to your accident, you still have legal rights under New York law.
Don’t let insurance companies use comparative fault against you. With the right legal strategy, you can challenge unfair blame and secure fair compensation for your injuries.