Motor Vehicle Accident Legal Documents

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Commonly Asked Questions about Motor Vehicle Accident Legal Documents

What are NYS policies on accidents?

New York is a no-fault insurance state. That means each drivers insurance company will pay for medical expenses and lost wages regardless of who was at fault in the accident. However, if the injuries are severe, a driver may be able to sue the other driver for additional damages.

What is the New York State no-fault law?

Just as the name sounds, New York No-Fault law is designed so that insurance will pay for the economic losses of those who are injured no matter who was at fault for the accident. Those injured do not have to prove anyone was negligent when they apply for benefits under the policy.

How is fault determined in a car accident in New York?

How Is Fault Determined In NY Auto Accidents? In the state of New York, fault in car accidents is determined based on the Comparative Fault approach, with each driver accepting a percentage of the fault anywhere between being found not at fault at zero percent and being found completely at fault at 100 percent.

What to do after an accident in NYS?

If any person is injured or killed, the police must be notified immediately and you should make sure ambulance or rescue personnel have been called. If possible, move your vehicle off the road. Protect the scene with reflectors or flares, but watch for any fuel that may leak.

What are 3 things you must have when an accident happens?

You must show your drivers license, vehicle registration card, evidence of financial responsibility, and current address to the other driver or persons involved, or to a peace officer.

What is a NYS MV-104 used for?

Use form MV-104 to report accidents involving motor vehicles.

Is NY a no-fault state for car accidents?

Because of New Yorks 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.