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