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BROOKLYN, NY – September 10, 2026 – Drivers who share some responsibility for a collision in New York often assume they cannot recover any compensation, but state law may allow injured motorists to pursue benefits and damages even when they are partly to blame. Brooklyn car accident attorney Samantha Kucher of Kucher Law Group (https://www.rrklawgroup.com/can-you-get-compensation-if-the-accident-was-your-fault/) is providing guidance on how New York’s no-fault system, comparative negligence rules, and the serious injury threshold affect what an at-fault driver may recover after a crash.

According to Brooklyn car accident attorney Samantha Kucher, New York operates as a no-fault insurance state, meaning injured drivers first turn to their own personal injury protection coverage to pay basic economic losses regardless of who caused the collision. Under New York Insurance Law Section 5102, personal injury protection benefits are available up to $50,000 per person, and drivers do not have to prove the other motorist was negligent to access them. “Many people believe that being partly at fault shuts the door on any recovery, but that is often not the case under New York law,” says Kucher.

Brooklyn car accident attorney Samantha Kucher explains that no-fault personal injury protection covers reasonable and necessary medical, hospital, and rehabilitation expenses, as well as lost earnings of up to 80% of monthly income, capped at $2,000 per month for up to three years. These benefits also include certain other necessary expenses, such as household help and transportation to medical appointments, up to $25 per day for up to one year. Strict deadlines apply, however, including a written notice requirement of no more than 30 days after the accident, medical bill submission within 45 days of treatment, and lost-wage claims within 90 days.

Attorney Kucher notes that whether sharing fault affects recovery depends on New York’s comparative negligence rules and a significant change taking effect for motor vehicle cases filed on or after May 26, 2026. “The 2026 update changes the analysis for vehicle claims,” Kucher explains. “A driver who is more than 50% at fault can no longer recover from the other driver and is limited to no-fault benefits, while a driver who is 50% or less at fault can still recover, with the award reduced by their percentage of fault.”

Under the current version of CPLR Section 1411, a motor vehicle claimant may be barred from recovery when that claimant’s culpable conduct is greater than the culpable conduct of the person, or combined persons, from whom recovery is sought. A separate limitation under Insurance Law Section 5104(d) may cap non-economic recovery at $100,000 for certain at-fault drivers, such as those operating an uninsured vehicle or convicted of impaired operation. Kucher points out that these distinctions make an accurate allocation of fault critical to the outcome of a claim.

No-fault benefits cover basic economic losses but do not compensate for pain and suffering. To pursue non-economic damages in a lawsuit against the at-fault driver, an injured person’s injuries must clear the serious injury threshold defined in Insurance Law Section 5102(d). Kucher observes that qualifying categories include death, dismemberment, significant disfigurement, a fracture, permanent loss of use of a body organ or member, permanent consequential limitation, and significant limitation of use of a body function or system.

When serious injuries push medical bills past the $50,000 personal injury protection limit, several additional sources of compensation may still apply. Kucher notes that these can include optional additional personal injury protection coverage, an injured person’s health insurance, or a liability claim against the at-fault party for economic damages and, if the serious injury threshold is met, non-economic damages such as pain and suffering.

The firm’s team emphasizes that fault is determined by evaluating the four elements of negligence: duty, breach, causation, and damages. Kucher advises that strong evidence can reduce the share of fault assigned to an injured driver, including clear photographs of vehicle positions and road conditions, statements from independent witnesses, an accurate police report, medical records linking injuries to the collision, and any available traffic or security camera video. “Preserving evidence early can meaningfully lower an injured driver’s assigned fault percentage,” Kucher adds.

For a personal injury lawsuit arising from a car accident, CPLR Section 214 sets a three-year statute of limitations that runs from the date of the accident, a deadline separate from the much shorter no-fault filing requirements. A case handled in Kings County Supreme Court or elsewhere may be dismissed if filed after that window. The Kucher Law Group team represents injured drivers throughout Brooklyn.

For those who were involved in a crash and are concerned about being partly at fault, consulting a Brooklyn car accident attorney may help clarify available options and protect the right to compensation under New York law.

About Kucher Law Group:

Kucher Law Group is a Brooklyn-based personal injury firm led by founding partners Samantha Kucher, Michael Roitman, and Alex Rybakov, representing individuals injured by negligence in car accidents, truck accidents, motorcycle accidents, and other serious injury claims. The firm serves injured clients throughout Brooklyn and the surrounding area from its office at 463 Pulaski St #1c, Brooklyn, NY 11221. For a free consultation, call (929) 563-6780.

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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
Email: Send Email
Phone: (929) 563-6780
Address:463 Pulaski St #1c, Brooklyn, NY 11221
City: Brooklyn
State: New York
Country: United States
Website: https://www.rrklawgroup.com/