Content reviewed by:
Alex Shulman
When multiple drivers are involved in a car accident, fault often isn’t assigned to only one person. New York follows a comparative negligence rule, meaning the court will assign each driver a percentage of fault. Their percentage of liability reduces any compensation.
New York also follows a No-Fault system for auto insurance. Determining fault isn’t always necessary, as long as each driver’s damages fall within their Personal Injury Protection (PIP) limits. However, you may still wish to pursue compensation for damages not covered by PIP.
Liability in multi-vehicle accidents can become complicated fast. It’s smart to get legal support. Our team has recovered more than $1 billion in awards and settlements. Call today to schedule your free consultation and learn how our car accident lawyers in New York City can help.
What It Means to Be At Fault
Proving fault involves showing that a driver was negligent in their actions. Every driver in New York has a legal responsibility to operate their vehicle safely. If they fail to do so and cause a crash, they may be considered at fault for the accident.
If you suffer actual damages as a result of their actions, you may hold the at-fault driver financially liable.
Common ways a motorist may be in breach of their duty to operate a vehicle safely include:
- Speeding
- Running a red light or stop sign
- Following too closely
- Distracted or impaired driving
- Driving under the influence of drugs or alcohol
Evidence Used to Determine Fault
Your attorney, insurance companies, and the court will use available evidence to determine who was at fault for the accident and what role each driver played in the crash.
They will look at evidence such as:
- Police accident reports
- Witness statements
- Photos
- Dashcams and traffic cameras
- Vehicle damage patterns
- Traffic law violations
Their conclusions may not always agree. Attorneys advocate for their clients’ version of events, while insurance companies conduct their own investigations and assign fault percentages. If the case goes to trial, the courts make the final legal determination.
Comparative Negligence in New York
Comparative negligence is codified in New York CPLR § 1411. When multiple parties are found at fault for an accident to varying degrees, each may recover compensation. However, that compensation will be reduced in proportion to their percentage of fault.
If you are found to be 30% at fault in a car accident, you may recover 70% of the damages you would have otherwise been entitled to. Insurance companies will assign fault to pay your claim, but they sometimes use comparative negligence as a way to reduce your compensation.
Your attorney can contest unfair accusations. Ultimately, a court has the final say in each party’s level of fault. Understanding New York’s negligence law is important for having realistic expectations for the outcome of your case.
How No-Fault Insurance Works in New York
New York operates under a No-Fault auto insurance framework. When you have an accident, you first file a claim with your own car insurance provider, regardless of who caused the crash. This is meant to expedite claims and reduce the burden on the legal system.
The Personal Injury Protection component of your plan will cover your damages. However, PIP usually only covers medical care, a portion of your lost wages, and some additional costs. Your policy also has a limit to the amount you can recover for a single accident.
For some people, PIP is sufficient to cover their damages, and determining fault in the accident isn’t as critical. But if your damages exceed the limit of your PIP, you may need to seek compensation beyond the No-Fault system. This is only possible in certain circumstances.
Legal Claims Against Multiple Drivers
To pursue a lawsuit beyond the No-Fault system, you typically need to meet the state’s criteria for a serious injury. If you qualify, you can pursue compensation for pain and suffering, future medical care, the full amount of your lost wages, and other costs not covered under your PIP.
A court may find that other drivers are at fault for the accident, and you may receive full compensation. Or, under comparative negligence, your compensation may be reduced in accordance with the percentage of your fault in the crash.
Get Help if You’ve Been in a Car Accident
Any car accident in New York can be tough to manage on your own, but especially those that involve three or more vehicles. You’ll be dealing with multiple insurers, each of which has an interest in proving that everyone but their client caused the crash.
Your No-Fault auto insurance will cover some of your damages, but only certain types, and only to a specific limit. You have rights, but it is tough to know what to do next when you are injured, and your family is suffering. You need a legal advocate to protect your interests.
Our team at Shulman & Hill has more than 200 years of combined experience, and we’ve served over 26,000 clients. Every Borough, Every Block, New York, We Got You. Call now to schedule your free consultation and tell us about your multi-vehicle car accident.