Can I sue if I was at fault in my car accident?

Request a Case Review

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Mar 23, 2026

Read Time: 1 mins

Both New York and New Jersey have adopted the comparative fault law, that means that in evaluating a claim, you look at the fault of all parties involved in the accident. New York is pure comparative fault. If you’re 10% at fault, you can collect 90% of your damages. If you’re 90% at fault, you can collect 10% of your damages. But in New Jersey if you are more at fault than the other party, you get and nothing. So at 50/50 in New Jersey, you can collect 50% of your damages but if you’re more at fault than the other driver, you get nothing.

Why Trust Us?

150+ Reviews

50+ Years of Service

Full-Service Law Firm

Can I sue if I was at fault in my car accident?

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey