Quick answer
Fault can reduce or sometimes bar recovery, and the rule differs by jurisdiction and claim.
Do now
Preserve objective evidence and request the insurer’s explanation. Ask a lawyer to assess the applicable law and whether a settlement reflects the evidence. Avoid guessing a percentage yourself.
Local note
NJ uses modified comparative negligence; current NY law distinguishes Article 51 injury actions from its general rule; DC has important contributory-negligence risks and covered vulnerable-user exceptions.
Official sources
NJ Legislature — N.J.S.A. 2A:15-5.1, NY Legislature — CPLR 1411, DC Code § 50-2204.52.
