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In New York, an accident typically remains on your driving record for up to three years. During this time, it can impact your insurance rates and your driving history under your New York accident policy. Keeping your driving record clean is essential; thus, understanding this duration helps you plan your insurance needs effectively.
Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.
Stop and Notify Police New York State law requires any person involved in an accident to stop at the scene. If possible, move the vehicles involved to the side of the road to prevent further damage or injury. If the accident caused injuries or significant property damage, it is the law to contact the police.
New York follows a "pure comparative fault" rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff's damages, and the percentage of fault that belongs to each party.
The rule of thumb for the average driver is that the driver of the car that rear ends another is always at fault. Meaning that 100% of the blame would then be attributed to the driver who drove into the back of another vehicle.
Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. They may also ask you and the other driver questions about the collision to try to piece together a reliable narrative of what happened.
New York follows a "pure comparative fault" rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff's damages, and the percentage of fault that belongs to each party.
Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.
Collision insurance: If the owner of the car has collision insurance (which is optional) then his own insurance must pay to repair the car or pay the replacement cost if the car is totaled. Usually there will be a deductible (usually no more than $500).
New York is a no-fault insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident. Insureds can be reimbursed for medical costs and other losses that might surface after the accident.