You may have heard the familiar adage; if you hit another car from behind, you’re immediately at fault. However, that is not true in NYC, as New York state is a no-fault state. If you were involved in an accident, you can file an insurance claim and process a no-fault claim. And, there are even more specific circumstances regarding rear-end collisions.
Because New York is generally a no-fault state, you can file a claim with your own insurance company after an accident. Filing a no-fault insurance claim generally means you can be paid out for damages and injuries from your own insurance company without dealing with someone else’s insurance company or someone else who does not have car insurance coverage.
After a rear-end collision, you can file a claim for damages with your insurance company. However, you have other options too. Even though, by default New York is a no-fault state, you can still pursue a claim against another party and sue them for damages after a car accident if you believe it was their fault.
Determining Fault in a Rear-End Crash
If you were driving the vehicle that hit another car from behind, and that individual chooses to sue you for damages, you could have a case in court. Generally speaking, the state courts initially tend to lean towards the fault being on the rear vehicle’s driver. It is presumed that it’s typically negligence on the rear driver driving too closely.
But, if you can prove that you were following a vehicle with the proper distance and not too close, and the collision occurred by something else that was out of your control, you can refute the case. Having a skilled lawyer on your side can help fight your case and be on your side.
If you or someone you know was recently involved in a car accident, contact Loscalzo & Loscalzo, P.C. at (646) 846-4776 to discuss your case with one of our personal injury attorneys today.