What Happens When You Are At Fault for a Car Accident in New York?

September 14, 2026 / Car Accidents

Being at fault for a car accident in New York can affect who pays for vehicle damage, whether you can recover compensation from another driver, and how an insurance claim is handled. However, being responsible for a crash does not necessarily mean you must pay every accident-related expense yourself.

New York uses a no-fault insurance system for certain injury-related losses. At the same time, fault remains important when drivers pursue property damage or compensation beyond the no-fault system.

What Does It Mean to Be At Fault for a Car Accident?

A driver is considered at fault when their actions caused or contributed to a collision. Fault is generally based on whether the driver acted negligently.

Examples of conduct that may lead to a finding of fault include:

• Speeding
• Following another vehicle too closely
• Running a red light or stop sign
• Making an unsafe lane change
• Failing to yield
• Driving while distracted
• Driving while impaired

More than one driver can contribute to the same accident. Evidence such as photographs, witness statements, police reports, video footage, and vehicle damage can help determine how a crash occurred.

Will No-Fault Insurance Cover My Injuries if I Caused the Accident?

Generally, yes. New York’s no-fault system is designed to provide certain benefits regardless of who caused the collision.

Basic no-fault coverage provides up to $50,000 per person for qualifying economic losses, including medical expenses and a portion of lost earnings. A driver can generally seek these benefits even when that driver caused the crash.

No-fault coverage does not mean fault is irrelevant in every part of a car accident claim. It primarily addresses certain injury-related economic losses.

Who Pays for the Other Driver’s Damages if I Am At Fault?

New York requires drivers to carry liability insurance. This coverage can pay for injuries or property damage caused by an insured driver to someone else, up to the policy limits.

New York’s required minimum liability coverage includes $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people, and $10,000 for property damage in one accident. Drivers can purchase higher limits for added protection.

If damages exceed the available insurance limits, additional financial issues may arise depending on the circumstances.

Can I Recover Compensation if I Was Partly At Fault?

Possibly. New York changed its comparative negligence rules for motor-vehicle personal injury cases in 2026.

For covered car accident injury cases commenced on or after May 26, 2026, an injured person’s own negligence can bar recovery if their share of fault is greater than the fault of the person they are seeking compensation from, or greater than the combined fault of multiple defendants. If the injured person is not barred, their damages can still be reduced according to their share of fault.

For example, if an injured driver is found 30% responsible for a collision and another driver is 70% responsible, the injured driver’s recoverable damages may be reduced to reflect that 30% share of fault.

Can an At-Fault Driver Recover Pain and Suffering?

New York generally requires someone injured in a motor vehicle accident to have a “serious injury” before recovering compensation for pain and suffering from another covered person. Current law defines serious injury to include conditions such as fractures, significant disfigurement, permanent loss of use of an organ or bodily function, and certain significant or permanent limitations.

Whether an at-fault driver can recover these damages also depends on the comparative-negligence rules discussed above. The facts of the crash and the nature of the injuries can therefore make a significant difference.

Will an At-Fault Accident Affect My Insurance?

An accident can affect insurance costs, although the effect depends on factors such as the circumstances of the collision, the driver’s record, the insurer’s rating rules, and applicable New York regulations.

Drivers should promptly notify their insurers about accidents as required by their policies. They should also provide accurate information and avoid guessing about facts they do not know.

Contact a New York Car Accident Lawyer at Carrion Accident & Injury Attorneys, PLLC for Help

Questions about fault can become complicated when drivers disagree about how a crash happened or when both parties contributed to it. Insurance rules can also affect what compensation is available and which coverage applies.

For more information, contact an experienced New York car accident lawyer at Carrion Accident & Injury Attorneys, PLLC to schedule a free consultation.

We proudly serve clients from our offices in Queens, Manhattan, and Long Island. Our attorneys represent injury victims across Queens County, Nassau County, Suffolk County, New York County, and nearby communities throughout the New York metropolitan area.

When you need trusted legal guidance after an accident, remember one number: 212-CARRION.