A single moment of negligence on the part of another driver can lead to an accident that might change your life for months or years to come. It may feel brutally unfair to suffer through no fault of your own, but you have options for seeking justice.
Proving who is actually at fault after a motor vehicle accident is a crucial step in receiving the compensation you need. By understanding just how important the matter of fault is and what your options are, you can confidently proceed with filing a personal injury claim.
The importance of fault in an accident case
New York is a no-fault state when it comes to motor vehicle accidents, meaning that insurance will cover the damages sustained by those injured in an accident regardless of fault. If you choose to pursue a personal injury claim against the at-fault driver, however, your ability to prove fault will determine the success of your claim.
Proving fault after an accident
The first step in proving fault is to document the accident immediately after the fact by taking photographs, identifying the officers on the scene and exchanging contact info with any witnesses. Keep in mind that cameras can play a role in your personal injury case, including a dash cam within your own vehicle or traffic cams near the site of the accident. Be sure to also present medical records pertaining to any injuries resulting from the accident, as this can inform the court of the amount of compensation you rightfully deserve for your suffering.
Even in a no-fault state, proving fault after an accident is necessary for claiming the full amount of compensation entitled to you. Additional legal action may be necessary if the insurance company attempts to offer you a lowball settlement even when fault is clear.