It’s a possibility. Both New York and New Jersey have what is called comparative fault statutes. That means you compare the negligence of you and the other party involved. New York is pure comparative negligence. You can be 90% at fault and still collect 10% of your damages. New Jersey is a little bit different. If you are more than 50% at fault, you can collect nothing. if you are up to 50% at fault, you can collect whatever percentage the other driver is found to be at fault.