{"id":4474,"date":"2026-07-27T09:00:48","date_gmt":"2026-07-27T13:00:48","guid":{"rendered":"https:\/\/www.materalaw.com\/?p=4474"},"modified":"2026-07-14T13:20:45","modified_gmt":"2026-07-14T17:20:45","slug":"indemnizacion-por-accidente-de-trafico","status":"publish","type":"post","link":"https:\/\/www.materalaw.com\/es\/car-crash-compensation\/","title":{"rendered":"Car Accident Lawyers in Long Island Explain How Compensation Changes When Both Drivers Share Fault [Video]"},"content":{"rendered":"

You might think that having some responsibility for a crash means you can’t receive compensation from a personal injury claim<\/a><\/strong>. 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.<\/p>\n

How Fault Factors Into Car Crash Compensation<\/h2>\n

\"CarNew 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<\/a><\/strong>, 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.<\/p>\n

Since May 26, 2026, New York’s car accident injury cases follow a modified comparative negligence<\/a><\/strong> rule. Under the updated CPLR \u00a7 1411(b) for motor\u2011vehicle cases, if you’re more than 50% responsible for the crash, you can’t sue for non-economic losses from the other driver.<\/p>\n

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\u2019t recover anything for pain and suffering under the new rule.<\/p>\n

Even if you’re mostly at fault, you can still access no\u2011fault benefits for your medical bills and basic lost wages. This is because no-fault insurance<\/a><\/strong> is paid out regardless of fault under New York\u2019s no\u2011fault 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.<\/p>\n

How Car Accident Lawyers in Long Island Protect Your Compensation<\/h2>\n