How do you know who was at fault?

Determining fault for a car accident in New York is pivotal in a lawsuit when injuries or damages surpass a certain threshold. Every state has its own laws to determine liability in car accident cases, and the laws vary significantly. Therefore, if your car accident occurred in New York, it is important to understand New York’s car accident laws.

What is no-fault insurance?

In New York, up to a certain limit in damages and injury, an insurance carrier for no-fault insurance covers the damages regardless of who was at fault. In such instances, there is no concern as to proving who was at fault for causing the accident.

What is the serious injury threshold in New York?

The serious injury threshold is a New York insurance liability law that defines when injury has exceeded the no-fault limitation. When you can prove serious injured resulted from an accident, you can sue the at-fault party for damages.

A car accident that causes any of the following falls under the serious injury threshold:

  • Economic loss exceeding $50,000
  • Death
  • Dismemberment
  • Bone fracture
  • Loss of a fetus
  • Serious disfigurement
  • Permanent loss of use of a body organ, member function or system
  • Permanent limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Substantial full disability for 90 days during the 180 days immediately following the injury occurrence or impairment

How does seeking damages work if you were partially at fault for causing the accident?

New York follows the comparative negligence rule for serious injuries due to car accidents. Based on this rule, you can recover compensation for injuries even when you were partially at fault for causing an accident. The court reduces the amount of compensation you can recover by your percentage of fault.

How can a lawyer help you with determining fault in a car accident?

Most car accident attorneys have access to a team of professionals who can investigate and reconstruct the factors involved with an accident. They can determine who was at fault. Professional testimony is vital in many accident cases.

If you have been seriously injured, you should seek legal help. To arrange a free consultation, contact Call us at 631-547-8989.