New York follows no-fault insurance rules, meaning a claimant who suffers an injury in a truck crash, for example, might have limited options to recover compensation in a subsequent injury claim. This is because no-fault car insurance rule requires an injured person to first file a claim with their own auto insurance for compensation toward medical bills and other financial losses before making any additional civil claims — no matter who was at fault.
As a result, it is not unusual for an at-fault business or individual to argue that a claimant is partially or fully at fault for their own injuries. In such a case, the amount of compensation a plaintiff might be able to receive would be reduced depending on their percentage of determined fault for the incident. Essentially, if a claimant is deemed to be 20 percent liable for an accident that caused their own injuries, then they would only be able to receive 80 percent of the granted damages.