Negligence is the basis of Personal Injury Lawsuits. For an act to be negligent, an individual or an organization must act in a way as to cause an injury resulting in damages.
In New York, with comparative negligence, even if the insurance company’s assign a percentage of fault to you, you are still able to file a claim and receive damages. The final amount of the settlement of verdict would be pro-rated based on the percentage of fault assigned to all the involved parties.