According to the Department of Justice, 60% of tort law cases filed in major county courts involve property damage or personal injury due to an auto accident. Are you able to take legal action after a car accident if you were partially at fault? Learn about how fault influences personal injury lawsuits in this guide from a car accident lawyer in New York.
Understanding New York’s No-Fault System
With the exception of motorcyclists, all drivers in New York must hold no-fault insurance policies with personal injury protection (PIP) benefits. Under this system, you can work with an NYC auto accident attorney to seek damages from your insurer rather than suing another driver and their insurance company. When you’re in an accident, you’ll have to file a claim with your insurer in hopes of receiving a payout from your plan’s PIP coverage.
According to the state’s Department of Financial Services, the minimum requirements for no-fault insurance coverage include:
- Paying for accident-related medical bills or rehabilitation costs
- Reimbursing victims 80% of their lost wages after an accident, up to $2,000 per month
- Receiving $25 a day within a year after the accident for miscellaneous costs
Basic no-fault coverage provides up to $50,000 per person in the event of an accident, although drivers can enhance their policy for more comprehensive coverage.
How Much Can You Claim After an Auto Accident?
Ask a car accident lawyer in New York how much you can claim in damages, and they’ll tell you that the answer depends on your injuries, your insurance coverage, and the nature of the accident. Review your policy carefully so you understand your claim limits.
The Insurance Information Institute reports that 80% of insured drivers opt for comprehensive coverage as well as liability insurance. However, insurance companies don’t have to pay for damages in certain scenarios, such as if you cause an accident in a stolen vehicle or while under the influence of drugs or alcohol.
According to Martindale-Nolo Research, the average settlement for car accident victims is $29,700, though individual claims vary significantly based on the circumstances of each case. Work with a car accident lawyer in Queens, NY, to determine the value of your claim.
It’s possible that your medical bills, property damage, and lost wages amount to more than your insurance company will pay. When this happens, a Queens crash attorney can negotiate with the insurer to help you recover a fair settlement. It’s important to act quickly to abide by New York’s statute of limitations.
How Pure Comparative Negligence Impacts Your Car Accident Lawsuit in New York
Can you sue even if you were partially at fault in a collision? Ask a car accident lawyer in New York, and they may advise you to file a lawsuit depending on the details of your accident. However, a concept called comparative negligence will affect your case.
Cornell Law School defines pure comparative negligence as a principle that allows plaintiffs to recover damages even if they are 99% at fault for an accident. Their fault percentage ultimately determines how much of the lawsuit damages they’re eligible to recover.
Modified comparative negligence restricts plaintiffs from recovering anything if they bear the majority of the fault. Under New York law, accident victims are subject to pure comparative negligence, meaning they can receive a payout as long as they aren’t 100% at fault.
How a Manhattan Car Injury Attorney Assists Victims Who Are Partially At Fault
Plaintiffs who are partly responsible for causing an accident should consider hiring an experienced traffic crash lawyer in NYC. The court determines their fault percentage after a car accident lawyer in New York presents all of the evidence. Their assigned fault percentage then impacts how much of the total settlement they miss out on.
Let’s say you’re using your phone while turning at an intersection when another vehicle strikes you after running a red light. Your attorney will gather evidence supporting your case and present it in court for a jury to determine your role in the accident. If they deem you 20% at fault for distracted driving and the other driver 80% at fault for running a red light, you won’t be able to collect 20% of the total lawsuit’s worth, per comparative negligence rules.
Having a seasoned attorney representing you can help you navigate the process. Experienced legal professionals know how to gather sufficient evidence and convincingly present it in court. With a knowledgeable lawyer on your side, your case will be presented based on the available evidence.
Consult a Qualified Car Accident Lawyer in Queens, NY
Whether you need help filing a car accident claim or reviewing the validity of your case, Elliot Ifraimoff & Associates, P.C., is here to help. Contact our firm when you need a knowledgeable NY vehicle collision lawyer. Our legal team will represent you with professionalism.
For a free consultation with a car accident lawyer in New York, submit our online request form or call (718) 205-1010.
Frequently Asked Questions
Do you still have unanswered questions about filing a car accident lawsuit in New York? Discover more below.
How Can I Find a Trustworthy Car Accident Attorney in New York?
To find a car accident attorney in New York, ask loved ones for recommendations or look at online reviews and testimonials. Choose a lawyer with ample experience and a successful track record.
How Long Do I Have To File a Claim With a Bronx Accident Lawyer?
You’ll have three years from the day of the accident to file a lawsuit, per New York’s statute of limitations.
Will My Case Go to Trial?
It’s possible, but the Law Dictionary reports that 95% of personal injury cases end in a pre-trial settlement.
What Can I Do To Strengthen My Case?
To strengthen your case, you should seek immediate medical treatment, take photos and videos from the accident scene, and avoid admitting fault. Contact a car accident lawyer in New York who can guide you through the legal process and gather evidence in your favor, such as police reports and medical records.