Who is Liable in a No-Fault Accident in NY?

Who is Liable in a No-Fault Accident?

New York is a no-fault state. In simple terms this means that when you are injured in a car accident in New York state – regardless of whether you or the other person were at fault – you file the personal injury claim with your own insurance company.

States began adopting the no-fault insurance model to alleviate the number of long, costly court battles over degree of fault, which is how insurance companies in fault states determine how much to pay whom.

If your injury meets a certain threshold you can sue the at-fault party for damages relating to injuries or pain and suffering. The New York no-fault injury threshold for litigation is a basic economic loss exceeding $50,000 or a serious injury.

It is useful to note that no-fault only applies to personal injury claims. Claims for damage to your property or vehicle are always made to the at-fault party’s insurance.

About Matthew Hug, Albany Personal Injury Attorney

Matthew Hug is a personal injury attorney serving Schenectady, Saratoga and Troy. If your injury has met the threshold of damages, contact Hug Law to assist in your case. Contact Matthew Hug here for a free consultation now!