Who’s at Fault? Sorting Out Liability in a Car Accident

Convert It Marketing • Nov 04, 2021

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More than 1,000 people are killed in New York car accidents every year. More than 11,000 people are seriously injured, and thousands more suffer less serious injuries. In most cases, someone involved either did or did not do something, leading to a crash. True accidents are rare.


After the dust settles, liability for the accident must be sorted out. Although who was at fault is often clear, this is not always the case. If you were injured in the incident, determining that fault is critical to your ability to recover compensation for your injuries and other damages.


For more than 25 years, Mr. Nichols has been helping clients in Syracuse, New York, and in Rome, Utica, Fort Drum, Watertown, and throughout Jefferson County sort through the facts to determine liability. Mr. Nichols is committed to delivering the best results possible for those injured by someone else’s negligence on New York roadways.


What Does it Mean that New York is a No-Fault Insurance State?

In no-fault insurance states such as New York, your own insurance coverage is the primary source of payment for your economic damages, including medical expenses and lost income. You are not compensated for noneconomic damages such as pain and suffering.


New York auto owners are required by law to carry at least $50,000 in personal injury protection to pay for those economic damages, no matter who is at fault for the crash. You will file a claim against your own policy benefits first and use those benefits until they are exhausted.


Does That Mean I Cannot File a Claim Against an At-Fault Driver?

The fact that New York is a no-fault state that requires you to use your coverage first does not necessarily preclude you from filing a claim against the driver who caused the crash. That is precisely why New York also requires auto owners to carry liability insurance. Minimum required coverages are $25,000 per person, $50,00 per accident, and $10,000 for property damage.


The no-fault insurance applies to personal injury liability, not to property damage. You can file a claim for damage to your vehicle against the at-fault driver’s policy.


If your injuries are serious enough, you can file a third-party claim against the at-fault driver’s bodily injury liability coverage. “Serious” injuries include:

  • Bone fractures;
  • Physical disfigurement;
  • Permanent limited use of an organ or body member;
  • Significant limitation of a body function or system; and,
  • Full disability for 90 days or more.


Serious injuries will exceed the limits of most victims’ PIP coverage, so the law provides the option to file a claim against the at-fault driver’s insurance or to file a civil lawsuit against them to recover your damages, including noneconomic damages.


Can More Than One Person Be at Fault?

New York adheres to a pure comparative negligence rule, which means everyone involved could be assigned a percentage of fault for the accident. The settlements for each party are then reduced by their respective percentages of fault.


For example, the other driver ran through a red light, and you hit their vehicle in the intersection. You were on your mobile phone at the time. The other driver may be assigned 70% of fault and you may be assigned 30% of fault. If a jury decides that your economic and noneconomic damages are $120,000, that amount would be reduced by your 30% share of liability, or $36,000. You would receive only $84,000 in full settlement.


Because shared liability can impact your settlement substantially, it is a smart move to have an experienced personal injury attorney in your corner. Your attorney can help not only value the damages you have suffered, but also help mitigate the amount of liability the other driver’s insurance company will attempt to have assigned to you.



Personal Injury Guidance You Can Trust

Third-party claims in a no-fault state like New York hinge on the ability to prove the seriousness of your injuries and document evidence that holds you to little or no fault. Mr. Nichols has been helping clients in and near Syracuse, New York for decades. He can help you, too. Set up a free consultation with Nichols Law Offices, PLLC to start moving forward.

Can I Get Workers' Compensation Settlement After a Loved One's Death?

13 Oct, 2023
Losing a loved one is always tough, and to make things worse, if your loved one was hurt while on the job, it can be even more devastating. In most cases, surviving dependents of the deceased may be entitled to workers' compensation benefits. However, not all surviving dependents are eligible for the benefits. Several factors come into play when determining the compensation, and it can be challenging for someone without the proper knowledge to navigate their way through the process. This post will provide an answer to some of the frequently asked questions about workers' compensation settlements after a loved one's death. 1. Was Your Loved One Hurt on The Job? The first thing that must be determined is whether your loved one was hurt on the job. You must establish that the injury, illness, or accident occurred during the course of employment. It is essential to keep in mind that the burden of proof rests on the dependents to demonstrate that the injury occurred while working. Your attorney can help you gather the necessary evidence to support your claim. 2. Are You a Surviving Dependent? The second factor that determines whether you're eligible for workers' compensation benefits is your relationship with the deceased. New York workers' compensation law defines who can be considered a dependent. The surviving spouse and children under the age of 18 are usually entitled to the compensation. However, there are some exceptions, and an attorney can help you determine whether you qualify for the benefits. 3. What Compensation Can A Dependent Receive? The surviving dependents may be entitled to workers' compensation benefits, including lost income and death benefits. The amount of compensation varies depending on the circumstances of each case. Death benefits are the weekly amount paid to the surviving spouse or children of a deceased employee, which is usually two-thirds of the employee's average weekly wage. Your attorney can help you determine what type of compensation you're eligible for as well as the amount. 4. How Can An Attorney Help Me? An attorney can provide invaluable experience and knowledge to ensure that you receive the compensation you deserve. They can represent you through the entire process, from filing paperwork to negotiating with insurance companies. Attorneys can also help you identify benefits that you may be eligible for but have overlooked. They can provide you with guidance and support during this challenging time and handle any complications that arise. Losing a loved one is always tough, and when you factor in the complexities of a workers' compensation claim, it can be overwhelming. It's essential to seek the help of an experienced attorney who can help you navigate through the system and ensure that you receive the compensation you're entitled to. By answering these frequently asked questions, we hope that we've provided you with the information you need to understand the process thoroughly. If you've lost a loved one while working, we understand what you're going through and are here to provide you the support you need to get through this challenging time.
Injured passenger with back pain after car accident

What To Do as an Injured Passenger

By Convert It Marketing • 06 Dec, 2021
Passenger claims to recover compensation for their damages can be considerably more complicated than no-fault and liability claims made by drivers. An experienced personal injury attorney like Mr. Nichols understands the complexities of these kinds of cases and knows where and how to access available coverage. If you have been injured as a passenger in a vehicle in Syracuse, New York, or the surrounding area, call to schedule a free one-on-one consultation.
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