New York Has a No-Fault Car Insurance Policy
New York is considered a “no-fault” car insurance state. This means an injured party must file a claim with their own insurer—no matter who is responsible for the collision—that will pay for medical treatment and other out-of-pocket expenses but not pain and suffering and other noneconomic damages.
However, if an injured party suffers a “serious injury” as a result of the crash, they can step outside the no-fault system and file a car accident claim—or personal injury lawsuit—directly against the at-fault party. Common examples of serious injury include broken bones and fractures, substantial disfigurement, substantial limitation of using a body function, permanent limitation of use of body part, complete disability for up to 90 days.
What If All Parties Share Fault?
If an injured party is partially responsible for the collision, New York adheres to a “pure comparative fault” law. This means the injured party’s damages will be reduced by their percentage of fault.
For instance, the jury determines your total award should be $80,000, but it also claims that you were 20-percent liable for the crash. According to New York’s comparative fault, you will receive 80 percent of the $80,000, or $64,000.
Even if you are found more than 50 percent or 90 percent at fault for the accident, you can still recover compensation for your injuries.
For more information about car accidents in Brooklyn, contact Koenigsberg & Associates Law Offices today at (718) 690-3132 and request a free case review.
