Reviewed by Jay S. Hausman, Esq.
Quick Summary: NY Car Accident Fault Rules
- No-Fault PIP Insurance: Covers initial medical bills and lost wages immediately, but excludes pain and suffering.
- Right to Sue: You can sue the at-fault driver if your injuries meet New York’s “serious injury threshold” (e.g., fractures, permanent limits, disfigurement).
- Pure Comparative Fault (CPLR § 1411): You can recover compensation even if you are up to 99% at fault, but your final payout is reduced by your percentage of blame.
- Deadline: New York’s personal injury statute of limitations is 3 years from the accident date.
When suffering from injuries caused by a car accident, the last thing you want to worry about is how you are going to finance your recovery process. Continue reading to learn how comparative negligence can work in your favor and how one of the experienced Westchester County car accident attorneys can help you fight for the compensation you deserve.
What Are the Comparative Negligence Laws in New York?
The state of New York follows a no-fault car insurance system. This means that you are required to have personal injury protection, which covers you and certain others. In other words, no-fault car insurance will cover certain car accident damages, such as medical bills and lost wages, regardless of whether or not you were at fault for the crash.
Understanding PIP Limits and Personal Injury Recovery
While designed for quick compensation and fewer minor injury lawsuits, Personal Injury Protection (PIP) generally excludes non-economic damages such as pain and suffering, often prompting victims to pursue further legal action.
New York’s no-fault laws were implemented to make the claims process faster, reduce court backlogs, and ensure quick compensation for accident victims, especially in minor incidents. However, this system can cause considerable confusion when an injury victim’s expenses exceed their PIP policy limits.
How Pure Comparative Fault Dictates Damage Settlements
New York is one of many states to follow a pure comparative negligence system, which holds each party liable for the role they played in the accident. Under these rules, you will always recover compensation from the other party’s insurance company, unless you are 100% at fault.
However, the amount of compensation you will receive will be reduced to account for your role in the accident.
For example, if the jury awards $100,000 in damages, but finds you were 20% responsible for the accident, you’re entitled to 80%, i.e., $80,000. Contrastingly, if you were found to be primarily responsible, at 80%, you are still entitled to 20% of the damages, but you will be responsible for 80% of the other driver’s damages.
New York CPLR § 1411 and “Culpable Conduct”
In accordance with New York Civil Practice Law and Rules (CPLR) § 1411, if you are injured due to the careless or negligent actions of another person, your own “culpable conduct” will not prohibit you from recovering damages. Essentially, this means that even if you are partially at fault or accepted the risk, you can recover compensation.
Instead, your compensation is reduced by the amount you are to blame. In simple terms, this means that even if you are assigned 99% at fault, you can still collect 1% of the damages. If the other party was also hurt and you were partially at fault, they can also pursue payment for their losses.
This legal framework employs a distinct math formula: Your final payment = total losses x (100% – your share of blame). If the court sets your losses at $200,000 but finds you 30% responsible, your award becomes $140,000. If they assign 70% of the fault to you, you can still receive $60,000 under this pure comparative negligence system.
Pure vs. Modified Comparative Negligence and Contributory Negligence
It’s important to understand that there are different negligence systems in place. However, New York adheres to the pure comparative negligence system, which ultimately provides more benefits for injured parties than other jurisdictions. Because, in accordance with CPLR § 1411, a victim can hypothetically recover 1% of damages, even if they are 99% responsible, this system favors injured parties.
In other instances, a modified comparative negligence system bars an injured party from recovering any form of compensation if they are found to be 50% or 51% liable for the accident, depending on the state.
However, even more restrictive is the contributory negligence rule, which bars victims from recovering any compensation if they have contributed to the accident in any capacity. Essentially, this means that under the contributory negligence system, someone may be found 1% negligent in the accident, and be barred from recovering any compensation for the losses they have suffered.
How Does New York’s “No-Fault” Insurance Law Limit My Right to Sue?
In New York, victims injured in a car accident are generally bound by no-fault auto insurance rules. As such, when an accident occurs, typically each party will file a claim through their own insurance coverage (PIP), regardless of who is at fault.
However, this inhibits an injured party’s right to pursue compensation for the damages they have suffered.
As such, to pursue a claim against the party responsible for the accident, you will need to meet New York’s “serious injury threshold.” As such, you are generally only permitted to file a claim when you suffered damages like:
- Death
- Disfigurement or scarring
- Displaced fracture
- Loss of a fetus
- Dismemberment
- Permanent injury (the body part or organ will not heal to function normally with ongoing medical care)
In the event your injuries meet New York State’s serious injury threshold, you will retain the right to seek compensation from the at-fault driver.
Property Damage Claims vs. Bodily Injury Restrictions
It’s important to note that generally, no-fault laws only apply to bodily injury, not damaged property. As such, if you were involved in an auto collision in which your vehicle was damaged, you are still eligible to file a claim against the at-fault driver’s insurance for repairs to your vehicle.
How Is Fault Determined and Proven in a Car Accident?
The following are examples of how fault is determined in a car accident:
- Hitting a car from behind.
- Violating a traffic law, such as running a red light, turning at a no-turn-on-red, or going over the speed limit.
- Making comments admitting or implying personal blame after the accident.
- Displaying a level of impairment due to drugs or alcohol.
- Failing to keep a proper lookout due to distracted driving.
Protecting Your Claim and Overcoming the Burden of Proof
It is important that you document your role in the accident clearly so that you can avoid maximizing any fault assigned to you. To build a successful case to prove the other party’s negligence, it is helpful to collect photos or videos of the accident, statements from eyewitnesses, and police reports. With this, you must retain the services of one of the skilled Westchester County personal injury attorneys who will help you in gathering evidence of the other party’s majority fault in the car accident.
How Do Insurance Companies Use Partial Fault Against You?
When you are injured in an accident, you are imporant to understand that the insurance adjusters are not on your side. Though they may act as if they care, their primary goal is to save the company as much money as possible, meaning they will do everything in their power to shift as much blame for the accident onto you. In some instances, this can include exploiting mistakes you’ve made or even suggesting the accident was avoidable.
Navigating Recorded Statements and Insurer Tactics
It is important to understand that you should not, under any circumstances, provide a recorded statement to an insurance adjuster without legal representation. Often, adjusters call you under the guise of clarification when, in reality, they are hoping you will say something they can use against you to reduce or deny your compensation. As such, working with an attorney can help ensure that your words are not used against you as a means of cutting your compensation.
How Long Do I Have to File My Personal Injury Claim?
To ensure that you obtain the compensation you require for your injuries, it is important that you file your personal injury claim within New York’s statute of limitations, which is three years from the date of your accident.
Contact Our Experienced Westchester County Firm
At the Hausman Law Group, we understand how overwhelming and difficult it can be to navigate the aftermath of an injury, whether you slipped and fell in a grocery store or were struck by a negligent driver. However, in order to fight for the compensation you deserve, working with an experienced personal injury attorney with our firm is in your best interest. When you need help, do not hesitate to contact our firm today to learn more about your legal options.