Can I Recover If I Was Partly at Fault?
Last reviewed June 2026
Quick answer. Usually yes, depending on your state’s rule. In pure comparative states (New York, Rhode Island) you can recover even if mostly at fault, reduced by your share. In modified states (Massachusetts, Connecticut, Vermont, New Hampshire, New Jersey) you recover only if you are 50 percent or less at fault. Maine bars recovery once your fault equals or exceeds the other party’s.
Sharing some blame for a crash does not automatically end your claim. What matters is your state’s comparative negligence rule.
Pure comparative negligence. You can recover even if you were mostly at fault, with your award reduced by your percentage of fault. New York and Rhode Island use this rule, so a driver 70 percent at fault can still recover 30 percent of their damages.
Modified comparative negligence. You can recover only if your fault stays at or below a set limit, usually 50 percent, with your award reduced by your share. Massachusetts, Connecticut, Vermont, New Hampshire, and New Jersey use a 51 percent bar.
Why Insurers Fight Over Percentages
Because every percentage point of fault assigned to you reduces what they pay, and in modified states, pushing you past the limit erases the claim entirely. Documenting the other driver’s negligence is the counter.
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Frequently Asked Questions
Can I Recover If I Was Partly at Fault?
Usually yes. It depends on your state’s comparative negligence rule. In pure comparative states like New York and Rhode Island, you can recover even if mostly at fault, reduced by your share. In modified states like New Jersey, Massachusetts, Connecticut, Vermont, and New Hampshire, you recover only if you are 50 percent or less at fault.
How Is My Share of Fault Decided?
Insurers and, if needed, a jury assign each party a percentage based on the evidence. Your recovery is then reduced by your percentage, or barred entirely if you exceed the state’s limit. This is why insurers push to assign you more blame.
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