In New York, being partly at fault for an accident does not stop you from claiming compensation for damages. However, under comparative negligence, your compensation will be reduced in proportion to your fault in the accident. As of 2026, comparative negligence law in New York has changed significantly. In this post, as your Brooklyn car accident lawyer, Alex Yadgarov & Associates will explain how the changes will impact your case.
What Is Comparative Negligence in New York?
When more than one person shares responsibility for the accident, the law doesn’t stick all of the blame on one side. Instead, it looks at everyone involved and splits the blame based on the extent of their involvement. This means that when an injured person claims compensation, the compensation may be reduced in proportion to their fault in the accident.
In the US, there are two types of comparative negligence: pure and modified comparative negligence. Under the pure approach, a person could claim compensation, even if they are 99% responsible for the accident. Under the modified approach, a person is barred from compensation when they are 51% or more responsible for the accident.
In New York, the comparative negligence rule was applied under CPLR Section 1411. For years, New York operated under the pure comparative negligence rule. However, following the recent amendments to the law, motor vehicle accidents are subject to modified comparative negligence.
How Does Comparative Negligence Reduce Your Compensation?
For example, A is involved in an accident and is claiming $100,000 in damages. However, an investigation places 40% of the blame on A.
- Total damages—$100,000
- Claimant’s fault – 40%
- Reduction—$40,000 (40% of 100,000)
- Remaining damages—$60,000
Does Comparative Negligence Impact No-Fault Benefits?
No, comparative negligence does not impact no-fault benefits. In New York, you can claim compensation for economic losses up to $50,000, regardless of fault in the accident. The rule applies when you are claiming compensation outside the no-fault system.
What If I Was More At Fault for the Accident?
Under the new modified approach, if you are more at fault for the accident, meaning 51% or more, you will be barred from recovery. Now, being more at fault in a car accident can have significant consequences. However, if you’re 50% at fault, you can recover compensation.
How Is Your Percentage of Fault Determined?
The issue of comparative negligence is a matter for the court to resolve, based on the evidence in front of it. The evidence that will be considered includes:
- Police and DMV accident reports
- Witness statements
- Photographs and videos of vehicle damage
- CCTV or dashcam footage
- Traffic violations
- Statements from drivers
- Accident reconstruction evidence
- Road and weather conditions
Keep in mind that an insurance company’s initial fault determination is not the same as the court’s ultimate determination. Adjusters can sometimes present their assessment as final and definitive when it’s actually the starting point of negotiations.
What Should You Do If the Other Driver Blames You?
If the other driver blames you for the accident, here’s what you need to do to protect your claim and reduce the negative effects of comparative negligence.
- Do not apologize or admit fault for the accident.
- Take photographs and videos of the accident scene (e.g., skid marks, vehicle damage, weather conditions, traffic signs, etc.).
- Obtain witness information
- Keep the police and DMV accident reports
- Save the relevant medical documents and repair estimates.
- Be accurate and honest about your recollections; do not speculate when speaking with insurers and the court.
- Speak with an accident lawyer in New York to understand your rights and liabilities.
Conclusion
The comparative negligence rule can have a significant effect on the compensation you will receive after an accident. Recent changes to the law have raised the stakes, shifting motor vehicle accidents from the pure to the modified comparative negligence systems. Understanding how fault is determined and how percentages are calculated is a must for a successful accident claim.
If you’re trying to understand how comparative negligence can affect your claim, Alex Yadgarov & Associates is here to help. As your Queens car accident lawyer, we will fight for the compensation you deserve. Schedule your free consultation today!