Your contribution to a crash could reduce your compensation

Your contribution to a crash could reduce your compensation

On Behalf of | May 11, 2024 | Car Accidents

If you think you contributed to a car accident in New York, you may be worried that it could prevent you from recovering compensation for your damages. Fortunately, it’s not the case, at least in New York. 

First, it’s important to note that New York is a ‘no-fault’ state when it comes to car accidents. This means that your car insurance will cover your medical bills and other expenses, regardless of who was at fault for the accident. 

However, you may pursue a car accident claim against the other party if your injuries meet a certain threshold and recover additional damages like pain and suffering. This is where your degree of fault for the crash comes into play.

New York’s comparative negligence law explained

Under state law, you are entitled to compensation despite your degree of fault for a car accident. It does not matter if you were 99% at fault; you can still recover damages. However, your degree of fault will reduce the compensation due to you.

If you were, for example, 60% at fault for the accident and your damages amount to $800,000, you may only recover $320,000 or 40% of the total damages.

Protect your rights after a car accident

As a victim of a crash caused by negligence, it helps to understand and assert your rights. You deserve compensation for the harm and losses suffered in an accident.

Learning more about how the ‘no-fault’ system works and what goes into assigning fault when you file a car accident claim can help protect your interests. The legalities can be complex, so seeking qualified guidance is essential to navigate the settlement process effectively.

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