Queens car accident lawyer Keetick L. Sanchez (https://accidentlawyer-queens.com/what-happens-if-both-drivers-are-at-fault-in-an-accident/) addresses a common concern for drivers involved in collisions in New York. In an article titled “What Happens If Both Drivers Are at Fault in an Accident?”, published by K L Sanchez Law Office, P.C., Sanchez outlines how state laws affect compensation when fault is shared. The article examines how New York’s comparative negligence system determines responsibility and impacts recovery in car accident claims.
Under New York’s pure comparative negligence rule, a driver who shares fault in an accident can still recover damages. The amount is reduced according to the percentage of fault assigned. As explained by Queens car accident lawyer Keetick L. Sanchez, a driver found to be 70 percent at fault may still recover 30 percent of their total damages. This system emphasizes the importance of determining fault percentages accurately and fairly. Even a small difference in the assigned percentage can significantly affect the outcome of a claim.
Keetick L. Sanchez, a Queens car accident lawyer, describes how the process of fault determination includes examining each driver’s actions, collecting evidence like traffic camera footage and police reports, and sometimes relying on expert analysis. The findings from this process are used to calculate fault percentages, which directly impact legal responsibility and financial compensation. These steps form a structured approach that seeks to deliver a fair outcome for all parties involved.
The article emphasizes, “This structured approach to apportioning fault ensures that each driver’s responsibility is accurately reflected in the final judgment, influencing both liability and compensation in New York car accident cases.” This statement reflects the importance of careful evidence review and legal understanding when assigning fault.
The role of New York’s no-fault insurance system is also addressed. This system provides initial coverage for medical expenses, a portion of lost wages, and other basic economic losses regardless of who caused the accident. Known as Personal Injury Protection or PIP, this coverage is limited and does not factor in fault percentages. However, for claims involving serious injury, where PIP coverage does not apply, fault becomes a central issue once again.
When both drivers are found to be at fault, insurance companies adjust claims based on the assigned fault percentage. If one driver suffers $10,000 in damages and is found 25 percent at fault, the recoverable amount would be $7,500. This reduction aligns with the comparative negligence principle, which holds drivers financially responsible based on their level of contribution to the accident.
The article also explores the impact on insurance rates and future coverage. Even partial fault can lead to increased premiums. For example, a driver who is 50 percent at fault may experience a moderate rate increase, while someone found 80 percent responsible could face a higher premium. Repeated involvement in at-fault accidents may result in policy changes, including higher deductibles or reduced coverage options.
Legal strategy is essential in shared-fault cases. The article outlines how drivers can challenge initial fault determinations by presenting new evidence, reviewing the methods used to assign fault, and formally disputing insurance findings. Queens car accident lawyer Keetick L. Sanchez notes that successfully reducing one’s fault percentage can increase the amount of compensation and reduce financial liability. This process may include filing a dispute with the insurance company or pursuing litigation if negotiations do not lead to a satisfactory outcome.
Settlement discussions with insurance companies play a key role in shared fault cases. A well-prepared demand letter that outlines the facts of the case and supports a lower fault percentage can lead to a better settlement offer. If needed, mediation or arbitration may be used as alternatives to court. These methods can resolve disputes faster and with fewer costs, although arbitration results are binding and require careful consideration.
In addition to the legal process, the article warns of the long-term impact on no-fault claims. While fault does not directly affect PIP benefits, insurers track fault history. Multiple incidents where a driver is found at fault can lead to higher rates and more restrictive policies over time.
The information provided by Keetick L. Sanchez highlights the importance of understanding how shared fault influences both immediate and future consequences in a car accident case. The comparative negligence rule and the no-fault system work together to balance fair compensation with legal accountability. Navigating these rules successfully often depends on careful legal planning and experienced guidance.
Drivers involved in shared-fault accidents can benefit from a clear understanding of their rights and options. Legal guidance can help contest inaccurate fault assignments and negotiate with insurance providers to seek the best outcome. With the support of an attorney, it is possible to secure fair compensation and protect long-term interests.
About K L Sanchez Law Office, P.C.:
K L Sanchez Law Office, P.C. is based in Queens, New York, and represents clients in car accident and personal injury cases. Led by attorney Keetick L. Sanchez, the firm is committed to helping clients understand their legal rights and obtain fair compensation under New York law.
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