Car accidents happen fast, and the answer as to who is at fault isn’t always clear. If you were involved in a car crash in New York, you are probably wondering who determines liability.
So, who determines fault in a car accident claim in New York? Insurance companies typically determine liability. If the case goes to trial, the court will decide.
Car accident cases can be challenging to win, especially when fault is disputed. A Long Island car accident lawyer can help gather evidence that supports your claim and proves that you are not at fault for the crash.
How Is Fault Determined in a Car Accident in New York?
Insurance companies usually determine fault in New York car accident cases. After a claim is filed, adjusters review available evidence, apply New York traffic laws, and assign each driver a percentage of responsibility. This decision directly affects how much compensation each party can recover.
If both drivers’ insurance companies agree on who was responsible, the claim may be settled. However, disagreements are common, especially in accidents where the facts are unclear or both drivers share some blame.
If fault is disputed or a fair settlement can’t be reached, the issue may go to court. At that point, a judge or jury determines fault by examining all available evidence. Unlike insurance companies, courts are neutral decision-makers, and their rulings are legally binding.
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How Does New York’s No-Fault Insurance Work?
Under New York’s no-fault insurance system, your own insurance policy typically pays for certain losses regardless of who caused your crash. This coverage, also known as Personal Injury Protection (PIP), is designed to compensate you for medical expenses, a portion of your lost wages, and other reasonable out-of-pocket costs without requiring you to prove fault.
However, no-fault coverage has limits, both in terms of the amount it pays and the types of damages it covers. It does not compensate you for vehicle damage, pain and suffering, or other non-economic damages.
How to Step Outside New York’s No-Fault System
While you can typically pursue a claim for vehicle damage regardless of the severity of your injuries, you must meet New York’s “serious injury” threshold to sue for pain and suffering.
If you meet that threshold, or if your medical expenses and lost wages exceed your PIP limits, you can step outside the no-fault system and file a lawsuit against the at-fault driver for your remaining losses.
If you meet that threshold, or if the cost of your medical bills and lost wages exceeds your PIP insurance limits, you can step outside the no-fault system and file a lawsuit against the at-fault driver, which is why it’s important to prove who is liable for your crash.
How Does Comparative Negligence Work in New York?
New York follows a pure comparative negligence rule, which means that you can recover compensation for a car accident even if you are found to be up to 99% at fault. However, if you are determined to be partially at fault, your compensation will be reduced by your percentage of responsibility.
For example, if your losses total $250,000, and you are found to be 60% at fault, your total compensation would be reduced to $100,000.
What Evidence Helps Prove Fault?
Strong evidence can make or break your claim.
Important types of evidence include:
- Accident scene photos showing vehicle positions and damage
- Video footage from dashcams, traffic cameras, or nearby businesses
- Eyewitness statements
- Medical records linking your injuries to the crash
- Vehicle damage reports and repair estimates
What Happens if My Case Goes to Court?
Most car accident claims in New York are resolved without going to court. However, if there’s a dispute over fault or if settlement negotiations break down, litigation may be necessary.
When a case goes to court, a judge or jury determines fault based on the evidence presented. This process may include testimony from drivers, passengers, and witnesses, as well as the presentation of experts’ analysis of the crash.
Once the judge or jury decides who is at fault for the accident, damages will be awarded in accordance with their findings.
Can the Police Determine Fault?
Police officers do not have the final say when it comes to determining fault for a car accident.
However, an accident report can carry significant weight, especially if it includes:
- Citations issued at the scene
- Observations about drivers’ behavior
- Diagrams of how the accident occurred
While insurance companies and courts may reach different conclusions than the police, a report may still support your case.
How a Lawyer Can Help Establish Fault
Evidence can disappear fast after a car crash.
A personal injury lawyer can step in and help with your case by:
- Gathering evidence such as police reports, medical records, and accident scene photos
- Interviewing witnesses
- Consulting accident reconstruction experts
- Challenging inaccurate police reports
- Negotiating with insurance companies
- Representing you in court (if necessary)
Without legal representation, you may not be able to gather sufficient evidence to prove fault.
What to Do After a Car Accident in New York
The actions you take immediately after a car accident in New York can affect the strength of your claim.
It’s important to:
- Call the police: Call 911 and ensure an official crash report is created.
- Document the scene: If possible, take photos and videos of the accident scene, vehicle damage, and any visible injuries.
- Exchange information: Get contact and insurance details from all parties involved in the accident.
- Seek medical attention: Regardless of the severity of your injuries, it’s important to see a doctor to document your condition.
- Notify your insurance company: Report the accident promptly, but avoid discussing fault or providing recorded statements to insurance adjusters.
- Consult a lawyer: Our attorneys can collect evidence and help prove you are not at fault for your accident.
Speak to a Car Accident Attorney in New York
In New York, being assigned even a small percentage of blame for an accident can impact your compensation. An experienced car accident attorney from Chaikin Trial Group Injury Lawyers can investigate your crash, gather evidence to prove fault, and help you recover a fair settlement.
Schedule a free consultation to get help with your case.
