Unfortunately, car accidents can happen in the blink of an eye, leading to devastating injuries, significant property damage, and legal complexities. As such, it’s crucial to understand how liability is determined. Please continue reading to learn your legal options after a car crash in New York and how a skilled New York City Car Accident Lawyer can help if you’ve been hurt in one.
How Does Car Accident Liability Work in NY?
New York is a no-fault insurance state. This means when it comes to car crashes each driver’s insurance provider will pay for medical expenses and lost wages regardless of who was at fault for the collision. However, if the injuries sustained are severe, your damages may exceed your coverage. As such, a driver may be entitled to pursue legal action for additional damages.
Under New York’s no-fault system, all drivers are required to carry Personal Injury Protection (PIP) coverage. If you are injured in a car accident, your PIP insurance will cover your medical bills, lost wages, and other expenses. It’s important to note that PIP is applicable even if you were at fault for the accident. The minimum coverage you can purchase on your policy is $50,000 per person, per accident.
Is New York a Comparative Negligence State?
Depending on your insurance policy limit, your coverage may not be sufficient to cover the full extent of your damages. If this is the case, you can file a claim against the at-fault driver for additional compensation. However, before you can recover compensation for your losses, you will have to prove the other driver’s negligence directly caused your injuries. This can be achieved by providing evidence such as police reports, witness testimonies, medical records, photographs of the accident scene, and any other relevant documentation.
You should note that New York is a pure comparative negligence state, meaning each driver’s liability is determined based on their percentage of fault. Under this system, an injured party can still recover damages even if they are partially at fault for their injuries. Essentially, being partly at fault will not automatically bar you from receiving compensation, but it can significantly impact the amount you are awarded. If you share blame for the accident, the amount you can recover will be reduced in proportion to your degree of fault.
As you can see, determining liability after a car accident can be difficult. If you were injured in a car accident, please don’t hesitate to contact an experienced lawyer from The Bàez Legal Group who can inform you of your options going forward. Connect with our firm today to schedule a consultation.
