State negligence laws either follow “no-fault” or “at-fault/fault-based”
principles. These principles govern whether liability is considered in
personal injury cases. In cases of
car accidents, injury victims either must file a claim with their own insurance company
(in no-fault states) or must file a claim with the liable party’s
insurance company (in fault-based states).
New York is a no-fault state. Therefore, car accident victims do not need
to rely on a liability-based system to recover compensation for the damages
they have sustained. However, this does not mean that recovering compensation
is always simple. There are several factors that car accident claimants
must consider when pursuing compensation for their damages.
What is a No-Fault State?
A no-fault state is a state where victims of negligence do not need to
identify a liable party and file a claim against them to recover compensation.
Instead, injury victims can usually file a claim with their own insurance
company and receive compensation through their provider. Although taking
legal action against a defendant is often not necessary in no-fault states,
car accident victims may have a legal claim against their insurance company
if they are not provided with proper compensation for their damages.
Negligence Laws in New York
Establishing liability is not necessary for recovering compensation after
a car accident in New York, but the fault of an injury victim can be considered
when their amount of compensation is determined. New York has contributory
negligence laws in place, which state that the compensation of a car accident
victim can be reduced if they were partially at-fault for their own injuries.
Every party that is involved in a car accident will be assigned a percentage
of fault according to their actions leading up to the collision, and their
compensation can be reduced according to that percentage. For example,
if a negligent driver who sustained $10,000 in damages is determined to
be 20% at fault for a car accident, their allotted compensation would
be reduced by that percentage and they would be able to recover $8,000
in compensation. Injury victims in New York are able to recover compensation
for car accident damages regardless of their level of fault.
The attorneys of Gruenberg Kelly Della are available to discuss the details
of your car accident case. Contact us today for assistance with your claim.
If you are interested in speaking with our legal team, complete our
contact form or call 888.305.6372 for a free consultation.