Know your rights ·

The insurer says I was partly at fault

General information for New Jersey, New York and Washington, DC · Last updated

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.

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