Short answer: usually yes, a New York driver can still pursue compensation even when they share some blame, though the amount recoverable may shrink, and reported changes to motor vehicle cases may affect newer claims. Because these details are still subject to legal interpretation and effective-date triggers, injured drivers should be careful about drawing firm conclusions without professional counsel. Using PIP coverage doesn’t automatically stop an injured driver from filing a separate personal injury lawsuit against the negligent party. That secondary action generally requires the victim to meet the state’s serious injury threshold for motor vehicle cases. Missing a filing deadline permanently kills an injured driver’s right to compensation, no matter how clear the liability looks.