Some states cut off an injured person’s right to recover entirely once their share of fault crosses a certain line. New York works differently, and understanding that difference can change how a case gets evaluated from the very start.
The Rule New York Actually Follows
Under CPLR 1411, New York applies pure comparative negligence, meaning an injured person’s own culpable conduct reduces their recovery in proportion to their percentage of fault, but never bars recovery entirely, regardless of how high that percentage climbs.
How This Differs From Most Other States
Most states use some version of a modified comparative negligence rule, cutting off recovery once an injured person’s fault reaches 50 or 51 percent. New York has no such cutoff. A person found 80 or even 95 percent at fault for an accident can still recover the remaining percentage of damages from a defendant who shares any responsibility at all.
What This Means In Practical Terms
If a jury determines an injured person was 70 percent at fault for an accident with $100,000 in damages, that person still recovers $30,000, representing the portion of fault attributable to the other party. The recovery shrinks as fault increases, but it never disappears entirely as long as another party bears at least some responsibility.
Why This Rule Changes Insurance Company Behavior
Because New York’s rule never eliminates a claim entirely, insurers cannot rely on pushing an injured person’s fault percentage past a specific threshold to deny a claim outright. Hurwitz, Whitcher & Molloy has seen this shift adjuster strategy toward maximizing fault percentages rather than denying claims outright. Instead, adjusters focus on maximizing the percentage of fault assigned to the injured person, since every additional point directly reduces the payout.
How Fault Gets Determined In Practice
A jury or judge weighs the evidence to assign a specific percentage of fault to each party involved in an accident. This determination relies on evidence such as police reports, witness testimony, and physical evidence from the scene, rather than any fixed formula applied uniformly across cases.
What Evidence Shapes A Fault Determination
Because the exact percentage assigned to each party directly affects the final recovery, building a strong record matters considerably:
- Police reports and any citations issued at the scene
- Photos or video documenting the scene and vehicle positions
- Witness statements describing the sequence of events
- Physical evidence such as skid marks or vehicle damage patterns
Applying This Rule To An Amherst Accident Claim
Because New York’s system means an injured person is never entirely shut out regardless of fault, an insurer’s aggressive fault argument rarely ends a valid claim outright. An Amherst personal injury lawyer can review the evidence to push back on an inflated fault percentage before it unnecessarily reduces a settlement.
Why Every Percentage Point Still Matters
Even though New York never eliminates a claim entirely, each additional percentage of assigned fault directly reduces the final recovery, so contesting an inflated number remains worthwhile even in cases involving significant shared responsibility. An Amherst personal injury lawyer can help build the evidence needed to keep a fault percentage as accurate as possible.
New York’s rule means an insurer’s fault argument can chip away at a recovery, but it can never eliminate it completely as long as another party shares some blame. If you were hurt in an accident in Amherst and fault is being disputed, reach out to our office to go over the details of what happened.