Being told an insurance adjuster thinks you were partly at fault does not automatically mean your injury claim is over. New York’s comparative negligence rule has long allowed injured people to recover damages even when they share some responsibility, though a recent change narrowed that rule for one specific category of case.
The General Rule Still Protects Most Claims
Outside of certain motor vehicle cases, New York continues to follow a pure comparative negligence standard under CPLR Article 14-A, meaning an injured person’s own fault reduces their damages proportionally rather than barring recovery entirely. Someone found 40 percent at fault in a $100,000 case can still recover $60,000. This applies broadly across slip and falls, premises liability claims, and many other personal injury matters throughout the Bronx.
Even High Fault Percentages Do Not Bar Recovery
Under the general rule, a person found 70, 80, or even 90 percent at fault for their own injury can still recover the remaining percentage of damages from a defendant who shares responsibility. Edelsteins, Faegenburg, & Blyakher LLP has represented clients in exactly these high fault percentage situations for decades. This stands in contrast to states that cut off recovery entirely once a plaintiff’s fault crosses 50 or 51 percent, and it remains the standard for slip and fall, premises liability, and most other non motor vehicle injury claims in New York.
A 2026 Change Created A Carve Out For Motor Vehicle Cases
A recent reform added a new rule specifically for personal injury actions tied to New York’s motor vehicle no fault law. Under this carve out, an injured person’s own fault now bars recovery entirely if it exceeds the combined fault of the defendants, a modified comparative negligence standard that did not previously exist for these claims. This exception applies specifically to motor vehicle personal injury cases and does not extend to other categories of injury claims.
Why This Distinction Matters For Building A Claim
Because the rule that applies depends on the type of case, understanding which standard governs a specific injury matters from the very beginning. A slip and fall claim and a car accident claim can now be evaluated under meaningfully different fault rules, even if the underlying facts about shared responsibility look similar.
What Evidence Shapes A Fault Percentage
Regardless of which standard applies, the percentage of fault assigned to each party usually comes from a combination of sources:
- Police or incident reports documenting what happened
- Photos or video from the scene
- Witness statements describing each party’s actions
- Medical records connecting the injury to the specific incident
How This Applies To A Bronx Injury Claim
Because the type of claim now determines which comparative negligence standard applies, sorting this out early can shape how a case gets built and negotiated. A Bronx personal injury lawyer can review the facts of a specific incident to determine which fault rule governs the claim.
Getting Help Understanding Which Rule Applies
Given how recently this distinction was introduced, many injured people and even some insurance adjusters have not fully adjusted to it yet. A Bronx personal injury lawyer can help make sure a claim is evaluated under the correct standard from the outset.
Because the applicable rule can meaningfully change what a claim is worth, it is worth confirming early rather than assuming the older, more familiar standard still applies across the board. If you were hurt in an accident in the Bronx and are unsure how shared fault affects your claim, reach out to our office to go over the details.