If you’ve recently been involved in a car accident in New York, you may feel overwhelmed and uncertain about how the law applies to your situation. You might have questions about how the insurance companies will handle your claim and how the amount of compensation you are entitled to will be affected. At Andrews, Bernstein & Maranto, PLLC, we understand the feelings of confusion and worry that often accompany such cases. You may not know where to turn or who to trust, but rest assured that our firm is here to guide you through this process and help you get the best possible result for your case.
One of the most important aspects of car accident cases in New York is the state’s comparative negligence law. Understanding this law is crucial because it directly impacts how your case will be settled. In this blog, we will explain how New York’s comparative negligence law works and how it affects car accident settlements. By the end, you’ll have a clearer understanding of your rights and how our legal team can assist you in navigating this complex area of law.
What is Comparative Negligence?
Comparative negligence is a legal principle used to determine the degree of responsibility each party has for an accident. In the context of a car accident, this means that if more than one person is at fault, the court or insurance companies will assign a percentage of fault to each party involved. This is different from other types of negligence laws that may either bar recovery if you are found partially at fault or limit your compensation based on your degree of fault.
In New York, the law follows a “pure comparative negligence” rule. This means that even if you are partially at fault for the accident, you can still recover damages from the other party. However, the amount of damages you can receive will be reduced in proportion to your percentage of fault. For example, if you are found to be 20% at fault for the accident, you would only be able to recover 80% of the total damages.
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How Does Comparative Negligence Affect Your Car Accident Settlement?
When it comes to car accident settlements, comparative negligence plays a significant role in determining how much compensation you can expect to receive. If you are partially at fault for the accident, the amount of money you are awarded may be reduced by the percentage of fault assigned to you.
For instance, if the total damages from the accident amount to $100,000 and you are found to be 30% at fault, you would only be able to recover 70% of the damages, which would be $70,000. This is why it is crucial to fully understand the comparative negligence laws in New York and how they apply to your case.
Insurance companies often use comparative negligence to determine settlement amounts. If they believe you are partially at fault for the accident, they may offer you a lower settlement to reflect your share of the blame. This is why it is important to have an experienced attorney who can advocate on your behalf, ensuring that you are not unfairly penalized for any role you may have played in the accident.
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The Impact of Comparative Negligence on Insurance Claims
Insurance companies will assess fault when determining how much compensation to offer. Even if you are partially at fault, New York’s comparative negligence law means you may still be entitled to compensation for your injuries and damages. However, the more fault assigned to you, the less you can expect to recover.
Insurance adjusters may argue that you are more at fault than you actually are in an effort to minimize their payout. They might point to factors such as speeding, failing to yield, or not using your turn signal as evidence of your responsibility. This is where having an attorney can make a significant difference. Your lawyer can help gather the necessary evidence, such as witness statements, traffic camera footage, or accident reconstruction reports, to show that the other party was more at fault or that your role in the accident was minimal.
In some cases, the other driver may claim that you were fully at fault, even if the evidence shows otherwise. This is another reason why it is important to have a legal team on your side who can protect your rights and help you get a fair settlement.
How Comparative Negligence Affects Settlement Negotiations
Once fault has been established, settlement negotiations can begin. If the other party admits fault, your attorney will work to ensure that you are compensated fairly for your injuries and property damage. If both parties are found to be at fault, the amount you receive will depend on the degree of fault assigned to each party.
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In many cases, insurance companies may attempt to settle quickly, offering you a lower amount than you deserve. They may argue that your injuries are not as severe as you claim, or they may push for a settlement that reflects your share of the blame. This is where your attorney’s experience and negotiation skills come into play. An attorney can fight for a fair settlement, taking into account all of the facts and ensuring that the comparative negligence rule is applied properly.
If your case goes to trial, a judge or jury will decide the percentage of fault each party is responsible for. Based on this decision, your damages will be reduced accordingly. However, most car accident cases are settled before going to trial. In these situations, having a knowledgeable attorney can help you navigate the settlement process and ensure that you are not taken advantage of by the insurance company.
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Why You Need an Attorney to Handle Your Case
Car accident cases are complicated, especially when it comes to determining fault. New York’s comparative negligence law makes these cases even more complex, as the degree of fault assigned to you can directly impact the compensation you receive.
An experienced attorney can investigate your case, gather evidence, and work with experts to establish the facts of the accident. They can also negotiate with insurance companies on your behalf, ensuring that you receive the compensation you deserve. If necessary, your attorney can represent you in court and fight for your rights.
At Andrews, Bernstein & Maranto, PLLC, we understand the stress and uncertainty that comes with dealing with a car accident case. Our compassionate team is here to help you navigate the legal process and work towards a successful outcome. We are committed to ensuring that you get the compensation you deserve, even if you are partially at fault for the accident.
If you’ve been involved in a car accident in New York, it’s essential to understand how comparative negligence laws will impact your settlement. Our team at Andrews, Bernstein & Maranto, PLLC is ready to help you navigate these complex laws and fight for your rights. Contact us today for a consultation, and let us help you secure the best possible outcome for your case.