# What If Both Drivers Are at Fault After an NYC Car Accident?

**Table of Contents***[*Expand*]*

1. Can You Recover Compensation If Both Drivers Share Fault in New York?
2. How Is Fault Divided Between Drivers?
3. How Does Your Share of Fault Affect a Claim?
4. Does No-Fault Insurance Apply When Both Drivers Cause a New York Car Accident?
5. Can You Sue the Other Driver If You Share Fault?
6. Can You Recover Vehicle Repair Costs If You Were Mostly at Fault?
7. What Should You Do If Both Drivers May Have Caused the Crash?
8. How Edelman, Krasin & Jaye Approaches Shared-Fault Claims
9. Discuss Your Shared-Fault Accident With Our Attorneys

![What If Both Drivers Were at Fault for a Car Accident in New York?](https://ekjlaw.com/wp-content/uploads/2026/11/what-if-both-drivers-were-at-fault-for-a-car-accident-in-new-york.jpg)

# What If Both Drivers Were at Fault for a Car Accident in New York?

If **both drivers were at fault for a car accident in New York**, you may still recover compensation, but your share of responsibility can reduce your payment or prevent recovery in certain injury claims.

For covered injury lawsuits started on or after May 26, 2026, you cannot recover if your responsibility exceeds the other driver’s responsibility in a two-driver case. Eligible no-fault benefits remain available regardless of ordinary negligence. 

A **Westbury car accident lawyer** can explain which rules apply and review the evidence before you accept an insurer’s assessment.

## Can You Recover Compensation If Both Drivers Share Fault in New York?

You may be able to recover compensation if both drivers share fault in New York, provided your injury claim **meets the applicable comparative fault rule**and other legal requirements.

New York previously applied pure comparative negligence to these injury claims, allowing recovery even when the injured person was mostly responsible. For lawsuits subject to the no-fault law and started on or after May 26, 2026, recovery is barred when your fault exceeds the combined fault of the defendants.

At Edelman, Krasin & Jaye, we explain **what happens if both drivers were at fault for a car accident in New York** by examining how the crash occurred and which law applies to your claim.

For a free legal consultation, call [(800) 469-7429](tel:+18004697429)

## How Is Fault Divided Between Drivers?

Drivers’ fault is divided based on how each driver’s actions contributed to the collision. Speeding, failing to yield, following too closely, or running a red light can all affect that assessment.

An investigation into a **New York car accident involving fault by both drivers** may consider:

- The police report and any citations issued after the crash.
- Photographs, dashcam recordings, and nearby surveillance footage.
- The location and extent of vehicle damage.
- Witness statements and evidence of road or traffic conditions.

A police report or insurance assessment does not automatically settle a disputed percentage of fault. At Edelman, Krasin & Jaye, we review the evidence and challenge conclusions that don’t match the facts.

## How Does Your Share of Fault Affect a Claim?

Your share of fault reduces the damages you can recover when recovery is permitted. For example, if your recoverable damages total $100,000 and you are 30% responsible, the fault adjustment reduces that amount to $70,000.

For a two-driver injury case governed by the 2026 rule, the distinction is:

- At 30% fault, you may recover 70% of your proven damages.
- At 50% fault, you may recover 50% of your proven damages.
- At more than 50% fault, you cannot recover injury damages from the other driver.

These examples assume the two drivers account for all responsibility and that you meet the other requirements for recovery. Our attorneys at Edelman, Krasin & Jaye can explain how a proposed fault allocation affects your claim before you evaluate a settlement offer.

[Click to contact](https://ekjlaw.com/contact-us/) our attorneys today

## Does No-Fault Insurance Apply When Both Drivers Cause a New York Car Accident?

No-fault insurance generally covers eligible injury-related expenses when both drivers cause a New York car accident, without requiring you to prove who was responsible.

Basic no-fault coverage generally provides **up to $50,000 per person** in combined benefits for qualifying medical expenses, lost earnings, and certain other necessary expenses. Benefits are subject to eligibility rules, payment limits, and claim requirements. No-fault does not pay for vehicle repairs or pain and suffering.

At Edelman, Krasin & Jaye, we help you identify the right insurer and understand the documents you need to request benefits. A fault dispute does not mean you should delay submitting your no-fault claim.

Complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/) now

## Can You Sue the Other Driver If You Share Fault?

You may sue the other driver if you share fault, but recovery depends on the applicable fault rule, proof of the other driver’s negligence, and the losses you seek.

A claim for pain and suffering generally requires**a qualifying serious injury**under New York law. Economic losses beyond the statutory definition of basic economic loss may be recoverable without meeting that injury threshold. Medical records, employment records, and expense documentation help establish what you can pursue.

Our lawyers at Edelman, Krasin & Jaye assess fault and injuries separately. Meeting the serious-injury threshold does not remove a comparative fault restriction, and proving the other driver was negligent does not establish the amount of your damages.

## Can You Recover Vehicle Repair Costs If You Were Mostly at Fault?

You may recover part of your vehicle repair costs from another responsible driver even if you were mostly at fault, because property damage claims remain subject to proportional reduction rather than the new injury-claim bar.

For example, if you were 70% responsible and the other driver was 30% responsible, you could generally seek 30% of your proven property losses from that driver. This differs from an injury claim governed by the 2026 restriction.

Your own collision coverage may also pay for covered vehicle damage, subject to your deductible and policy terms. Keep repair estimates, photographs, and receipts so we can assess the available options.

## What Should You Do If Both Drivers May Have Caused the Crash?

If both drivers may have caused the crash, get medical attention, preserve evidence, and notify the appropriate insurer without waiting for a final decision about fault.

If you are able to do so:

- Follow your medical provider’s treatment recommendations.
- Save photographs, video footage, and witness contact information.
- Keep medical bills, repair estimates, and records of missed work.
- Retain correspondence from the insurers involved.
- Describe what you observed accurately without guessing about speeds, distances, or responsibility.

Written notice of a no-fault claim generally must be submitted **within 30 days** of the accident, unless a qualifying written justification excuses the delay. At Edelman, Krasin & Jaye, we can review an insurer’s request or fault assessment and explain how to respond.

## How Edelman, Krasin & Jaye Approaches Shared-Fault Claims

We investigate each driver’s conduct and assess the evidence supporting the insurer’s position. A founding partner’s prior insurance work helps inform how we handle disputed claims.

At [Edelman, Krasin & Jaye](https://ekjlaw.com/about-us/), we have recovered **over half a billion dollars** for clients. Prior results do not predict future outcomes. We return your calls, explain developments in your case, and make our attorneys accessible when you have questions.

## Discuss Your Shared-Fault Accident With Our Attorneys

Before accepting a settlement based on shared responsibility, speak with Edelman, Krasin & Jaye about the evidence and the proposed division of fault. We can explain whether you have grounds to challenge that assessment and what compensation remains available.

We offer 24/7 access and **free consultations**in person, by Zoom, or we can travel to you for a consultation if needed. Contact us to discuss your accident, your insurance coverage, and your next steps. 

Call or text [(800) 469-7429](tel:+18004697429) or complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/)

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