Car Accident Lawyers in Long Island Explain How Compensation Changes When Both Drivers Share Fault [Video]

You might think that having some responsibility for a crash means you can’t receive compensation from a personal injury claim. However, this depends on how much you’re at fault for the crash. If the other driver is more at fault than you are, you may still be able to pursue a personal injury claim for additional damages. Matera & Manley is home to experienced car accident lawyers in Long Island who know how to build compelling personal injury claims to recover the compensation their clients deserve.

How Fault Factors Into Car Crash Compensation

New York law reduces your car crash compensation by the percentage of fault that is attributed to you. In some cases, you might face a limit on what you can receive in damages. For instance, if you are operating an uninsured vehicle, or if you were driving impaired and are later convicted, there is a $100,000 cap on non-economic damages even if you’re not mostly at fault.

Since May 26, 2026, New York’s car accident injury cases follow a modified comparative negligence rule. Under the updated CPLR § 1411(b) for motor‑vehicle cases, if you’re more than 50% responsible for the crash, you can’t sue for non-economic losses from the other driver.

For example, if your case is worth $100,000 and you’re 30% at fault, you can still recover $70,000. If you’re 51% at fault, you can’t recover anything for pain and suffering under the new rule.

Even if you’re mostly at fault, you can still access no‑fault benefits for your medical bills and basic lost wages. This is because no-fault insurance is paid out regardless of fault under New York’s no‑fault system. In New York, no-fault (PIP) benefits cover basic medical expenses regardless of who caused the crash. However, if you’re mostly responsible for the accident, you’re still barred from suing for pain and suffering after the crash.

How Car Accident Lawyers in Long Island Protect Your Compensation

At Matera & Manley, we know how to successfully carry out personal injury claims even when a crash report is not 100% favorable to you.

First, we fight to keep your fault as low as possible. We achieve this by placing as much fault as possible on the other driver. As soon as you reach out to our attorneys, we instruct you not to share any information with insurers other than essential details.

In addition to fault, New York’s no‑fault law requires car accident victims to meet a “serious injury” standard before they can sue for pain and suffering. Our attorneys work with your doctors and medical records to prove that your injuries meet this threshold. We also capture the full scope of your losses by gathering details that demonstrate the extent to which you were hurt. This usually involves compiling documents, images, and other evidence showing:

• Medical costs from injuries and future care estimates
• Proof of lost wages and reduced earning capacity
• Documentation of property damage and any other out-of-pocket expenses
• Non-economic harms (like pain, suffering, and loss of enjoyment)

Because the law now bars and caps certain non‑economic claims, it’s essential to document every eligible harm. We don’t want to give insurers room to argue that your losses are minor or outside the legal threshold.

Our car crash attorneys keep track of all these expenses to clarify why you deserve more compensation after a personal injury case. We ensure your case settles for the maximum possible compensation using a legal strategy that minimizes your fault in the crash. We also show the full extent of the impact the crash has had on your life.

Schedule a Free Consultation With Our Attorneys

If you were partly at fault for a crash, compensation is likely still available. No-fault insurance applies regardless of who is at fault for the crash. Moreover, being partly at fault for the crash doesn’t automatically bar you from a personal injury claim. Your claim decreases by the percentage of fault placed on you. However, you can’t recover non-economic damages when you’re mostly at fault for the crash. Our car accident lawyers in Long Island want to advocate on your behalf after a crash.

After a serious accident, you’re not alone. The attorneys at Matera & Manley want to help you secure fair compensation. Schedule a free consultation today.