Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue yourself for an accident in New York?
No. New York law does not allow a person to sue themselves because you cannot be both plaintiff and defendant in the same action. However, if a third party — such as another driver, a property owner, or a manufacturer — contributed to the accident, you may have a valid claim against them even if you were partly at fault.
What if I was partially at fault for my own injury in NY?
New York follows a pure comparative negligence rule under CPLR §1411, meaning you can still recover damages even if you were 99% at fault. Your award is simply reduced by your percentage of fault. This means partial self-blame does not automatically bar you from compensation.
Can I make an insurance claim against myself for injuries?
In some situations, yes. If you were injured in a car accident in New York, your own no-fault (PIP) insurance covers medical expenses and lost wages regardless of fault. Additionally, uninsured or underinsured motorist coverage may apply if the other driver lacked adequate insurance. An attorney can identify all available coverage.
What is the deadline to file a personal injury lawsuit in New York?
Under CPLR §214, most personal injury claims in New York must be filed within three years of the date of injury. Missing this deadline typically bars your claim entirely. If a government entity is involved, a Notice of Claim must generally be filed within 90 days, so consulting an attorney immediately is critical.