Who Is Responsible In A New York Car Accident?

Drivers and passengers injured as a result of a car accident in New York may not realize that the state uses a no-fault approach to car insurance claims. Under this system, those who suffer injuries must use their own Personal Injury Protection coverage to take care of their medical bills, doctor’s appointment transportation costs, and even lost wages. It doesn’t matter who was technically responsible for causing the accident. Further claims against the negligent party are possible under certain circumstances.

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Determining Responsibility

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Car Accident Statute of Limitations in New York

New York has a set time limit for bringing a lawsuit against the responsible party after a motor vehicle crash. Typically, the clock starts running from the time of the crash until three years have passed. You risk having your case dismissed by the courts if you miss this important deadline and file late. While there are some exceptions that may allow for an extension of this deadline, it’s rarely granted.

Situations where you may have serious injuries and are unable to file on your own require the help of a skilled attorney. An auto accident lawyer will not only file paperwork on your behalf but can request needed medical records and gather police reports and photographic evidence. You do not have to go without your much-needed medical care. You deserve to receive compensation for your health conditions that resulted from your wreck.

How Comparative Negligence Affects New York Car Accident Cases

For many accident victims, one driver is completely at fault and the case proceeds in a fairly straightforward manner. The responsible party is liable for your compensation for injuries, pain and suffering, medical expenses, etc. This is typically paid out through their insurance carrier, but it may take a while because the claim adjuster will try to minimize your damages as much as possible first to save money.

It does happen where both parties are sometimes liable for the auto collision and in these cases,  New York will follow a pure comparative fault standard. When this occurs, a jury or judge will calculate what the total damages are for the plaintiff and then determine the percentage of fault that both parties hold. Plaintiffs who have any liability will have their compensation amount reduced by their percentage of the blame. This method goes both ways, though, and it’s possible for a victim to be found 80% responsible and have to pay that percentage of the other driver’s damage claim.

piggy bank with money under it and a wooden car on the table to demonstrate car insurance

Experienced No-Fault Attorneys in New York

Your life may have changed forever due to a catastrophic car accident on a New York highway or street. You might have serious bodily injuries that are preventing you from working and the car insurance company is frustrating your damages claim. Don’t let these claim adjusters discourage you or get you to say things that aren’t true. State laws are in place to protect you from these types of manipulative business tactics and the attorneys at The Barnes Firm are here to help. It’s not your imagination that your insurance provider is trying to avoid paying for your damages. Don’t let them get away with it!

The Barnes Firm’s best car accident lawyers in New York have spent decades representing injured drivers who suffer from severe trauma. We benefit your claim by handling all aspects of negotiation and evidence gathering so you can focus on recovering. Our success at trial has earned us membership with the Million Dollar Advocates Forum because we make insurance companies pay. Learn more about how our seasoned car accident legal team can help you by contacting us today.

The Barnes Firm (800) 800-0000