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Evidence and witnesses are key to determining fault in auto accidents. If the fault is not clear at the scene of the accident, there may be traffic cameras that recorded the accident. By reviewing the footage, a driver's fault may be able to be assigned sooner than later this way. Photographic evidence can help, too.
New York state's laws outline a pure comparative negligence model when determining how much each party is at fault for causing an accident. For example, after an investigation, evidence may reveal that one motorist was partially responsible for an accident by only 20%.
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.
That means you can use it whether you're at fault or not. Unlike some coverages, you don't select a limit for collision. The most it will pay is based on the actual cash value of your vehicle. You will be responsible for paying your selected deductible.
When you are not at fault in an accident, the other driver's car insurance typically pays for your expenses. If it takes a while to determine fault, you can file a collision claim with your insurer, which will then try to recover the cost of the claim and your deductible from the at-fault driver's insurer.
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New York state's laws outline a pure comparative negligence model when determining how much each party is at fault for causing an accident. For example, after an investigation, evidence may reveal that one motorist was partially responsible for an accident by only 20%.
In the state of New York, individuals who get into car accidents fall under the state's \u201cno-fault\u201d law. In a no-fault state, each party and their insurance company is responsible for the cost of damages to their own property, but things can get tricky.
In the state of New York, individuals who get into car accidents fall under the state's \u201cno-fault\u201d law. In a no-fault state, each party and their insurance company is responsible for the cost of damages to their own property, but things can get tricky.
Does declaring a non-fault claim affect my insurance? Unfortunately, yes it does. In many cases, your premiums will go up after you've declared a non-fault claim to your insurance provider.
In most cases, insurance companies will determine who is at-fault according to state laws where the incident occurred. And they'll also review the facts relating to the accident to determine who was negligent.

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