Car accidents can be traumatic and painful experiences, especially when there are multiple cars involved. Whether it is a rear-end pileup or multiple cars colliding in an intersection, it can be important to establish who is liable in any accident. Speak with a Rockland County car accident lawyer to obtain representation during your lawsuit or claim.
Is New York a Fault State?
New York is a no-fault state when it comes to auto insurance. This means that drivers are typically reimbursed for damages by their own insurance company regardless of who was responsible for the accident.
If you were involved in an accident you can file a claim with your insurance company and receive compensation for the following.
- Medical bills like ambulance rides, doctor visits, prescriptions, etc.
- Lost wages
- Transportation for medical purposes
- Pain and suffering
Claims must be filed within 30 days of the accident to receive these benefits.
How Is Liability Determined in an Accident With Multiple Cars?
Although you will probably receive compensation from your own insurance company after getting into an accident, you may still be concerned about liability. Depending on the type of insurance you have you are only covered up to a certain dollar amount. Despite the fact that New York is a no-fault state, you may wish to determine liability if your associated expenses exceed what your insurance company is willing to pay.
Fault in a multi-car accident is determined similarly to fault in a two-car accident. However, because more people and vehicles were involved there is more information to examine. Evidence is gathered through the following ways.
- Police reports
- Photos and videos of the scene of the accident
- Interviews of the drivers and passengers involved
- Eyewitness testimony
- Security cameras on nearby structures
- Dashcam footage
- Breathalyzer tests and field sobriety tests
Once enough evidence has been gathered there should be a fairly clear picture of the accident. Liability can be determined and assigned to one or more parties.
What is Comparative Negligence?
Comparative negligence is a principle that allows a court to assign a percentage of blame to each party involved in an accident. The accident may be mostly one driver’s fault but another driver contributed to the causation in some way. In this case, a court could assign 80% of the responsibility to one driver and 20% to the other. The victim can still receive 80% of the damages they are entitled to but the other driver does not have to pay for the portion of the accident that was not their fault.
What is the Statute of Limitations for a Car Accident?
Car accidents, like most legal cases, have a statute of limitations. The statute of limitations outlines the time period in which victims of an accident can file a claim or lawsuit against another person for their injuries, property damage, and more. In New York, a victim of a car accident has three (3) years from the date of the accident to initiate legal action. Work with an attorney for help filing your lawsuit and receiving compensation.
