A New York car accident is subject to the state’s liability and fault laws. These laws determine the amount a party can recover for damages and injury sustained in an automobile accident. New York is a no-fault and comparative negligence state.
Fault in New York
New York is a “no-fault” automobile accident state. This means that it is irrelevant who actually caused the accident. In a no-fault state, each party’s insurance company pays for the economic damages sustained by their customer. Economic damages include medical expenses, lost wages and the cost of repairs to the vehicle.
The purpose for this law is to force insurance companies to pay for damages and injuries sustained from an automobile accident regardless of responsibility. In a no-fault state, an insurance company is prevented from pointing a finger at the other party and refusing to pay any compensation.
The trade off with this system is that an injured party cannot sue the other party for pain and suffering and emotional distress. While automatically receiving compensation for medical expenses and other related costs, an injured party has no recourse for non-economic damages. In this way, New York courts reduce the amount of automobile accident lawsuits filed by parties requesting non-economic damages.
Comparative Negligence Laws in New York
However, if a case is brought to court, New York operates under a pure comparative fault system. In this set of laws, a party’s recovery is reduced by the amount of fault attributable to him. This means that despite the amount of award, the injured party may actually only receive a percentage of the whole award. For example, if an injured party is awarded $100,000 for his injuries but is found 50% at fault for the accident, he would only receive $50,000.
Getting Legal Help
If you have been injured in an automobile accident in New York, contact an attorney about recovering for your injuries and damages. An attorney will be able to analyze the facts of your case and discuss the best method to obtain you the most compensation.
