Being involved in a car accident is stressful enough, but when you're the at-fault driver, the situation becomes even more complicated. If you've recently been in an accident where you might be at fault, you're likely wondering about the next steps and potential consequences.
In this guide, we will discuss the immediate steps to take, the role of your insurance, and when it's essential to consult with a car accident attorney to protect your rights and navigate the complexities ahead.
Understanding Fault in Car Accidents Before diving into the specifics, it's important to understand how fault is determined in car accidents. Fault refers to legal responsibility for the accident and resulting damages. Determining fault typically involves:
Reviewing police reports Examining evidence from the accident scene Analyzing witness statements Evaluating traffic laws that may have been violated Considering input from insurance adjusters Proving fault can be complex, and in many cases, multiple drivers involved may share responsibility for the accident.
No-Fault vs. Fault States: What's the Difference? States generally follow either a "fault" or "no-fault" system when it comes to car accident claims:
Fault States In fault states (also called "tort" states), the at-fault driver (or their insurance) is responsible for paying the damages of all injured parties. If you live in a fault state and cause an accident, your insurance will typically cover the other driver's damages up to your policy limits, including:
Medical expenses Vehicle damage Lost wages Pain and suffering damages Most states follow this fault-based system.
No-Fault States New York is a no-fault state . In no-fault states, each driver's insurance company pays for its own policyholder's medical bills and lost wages, regardless of who caused the accident. This is handled through Personal Injury Protection (PIP) coverage , which is mandatory coverage in New York that everyone must purchase.
However, "no-fault" only applies to bodily injury claims. Property damage claims still operate on a fault basis, meaning if you're at fault for an accident in New York, you (or your insurance) will still be responsible for the other driver's vehicle damage. Also, pain and suffering damages operate on a fault basis. If you were injured in a car crash due to someoneās negligence, you can sue the other driverās insurance for your pain and suffering.
What Happens If You're at Fault in New York? As mentioned, New York is a no-fault state, but this doesn't mean fault doesn't matter. Here's what typically happens if you're at fault for a car accident in New York.
1. Personal Injury Protection (PIP) Coverage Kicks In After an accident, regardless of fault:
Your PIP coverage will pay for your medical expenses and a portion of your lost wages up to your policy limits (a minimum of $50,000 in New York). The other driver's PIP coverage will cover their medical bills and partial lost wages. 2. Property Damage Liability Comes Into Play Even in a no-fault state like New York:
You (through your insurance) are responsible for damage to the other driver's vehicle and any other damaged property. Your property damage liability coverage will pay for these damages up to your policy limits. If damages exceed your policy limits, you may be personally responsible for the difference. 3. Potential for Lawsuits Beyond No-Fault In New York, the no-fault system has limits. The other driver can step outside the no-fault system and sue you directly if they suffer "serious injuries" as defined by New York law, including:
Death Dismemberment Significant disfigurement Fracture Loss of a fetus Permanent loss of use of a body organ, member, function, or system Permanent consequential limitation of use of a body organ or member Significant limitation of use of a body function or system Medically determined injury or impairment that prevents the injured person from performing substantially all material acts of their usual daily activities for at least 90 days during the 180 days immediately following the accident If the other driver's injuries meet this threshold, they can pursue compensation for pain and suffering and other damages not covered by PIP.
Minimize the Impact of Accident Liability If you are facing liability from an accident, let Tomkiel & Tomkiel advise you on how to contact your insurance company and discuss your options.
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Options Available for At-Fault Car Crash Drivers Except for common steps to take after a car accident , you still have several options to protect yourself if you've caused this accident:
1. Document the Accident Scene Take pictures of the accident scene, including vehicle damage, damaged property, other cars involved, and any visible evidence related to the cause of the accident, such as skid marks. Note the accident's location and time.
2. Notify Your Insurance Company Contact your insurance company as soon as possible. Report the accident and provide all the necessary details. Your car insurance policy likely includes collision coverage, which covers damages to your own vehicle regardless of fault.
3. Consider Legal Representation If there is litigation, your insurance company will appoint and pay for an insurance defense attorney to defend you against any claim for damages. You may want to consider hiring your own legal representation if youāre being personally sued for an amount beyond your insurance limits. At the very least, you should discuss the situation with an attorney not hired by your insurance company.
At Tomkiel & Tomkiel , we understand the stress and uncertainty that follow an at-fault car accident, and we are dedicated to providing the legal support you need. Our car accident attorneys can guide you through the complexities of insurance claims and protect your rights during this challenging time.
What Damages Are Covered If You Cause a Car Accident? If you're at fault for an accident, your insurance policy typically covers several types of damages:
1. Bodily Injury Liability Coverage This portion of your policy pays for injuries to others when you're at fault, including:
Medical expenses beyond what the other driver's PIP covers Long-term care costs Lost income Pain and suffering (in cases of serious injury) New York's minimum required bodily injury liability coverage is $25,000 per person/$50,000 per accident.
2. Property Damage Liability Coverage This coverage pays for damage to others' property, including:
Repairs to the other driver's vehicle Replacement costs if the vehicle is totaled Damage to structures (fences, buildings, etc.) Damage to personal property inside the vehicle In New York, the minimum property damage liability coverage is $10,000, but most insurance experts recommend carrying higher limits.
3. Collision Coverage for Your Own Vehicle While not required by law, collision coverage pays for damage to your own vehicle when you're at fault:
Repairs to your damaged car Replacement value if your vehicle is totaled (minus your deductible) Without collision coverage, you'll be responsible for your own car repairs after an at-fault accident.
What Happens If You Are Partially at Fault in a Car Accident? Many accidents aren't 100% one driver's fault. New York follows a "pure comparative negligence " rule for cases that go beyond the no-fault system. Under comparative fault systems:
Each driver is assigned a percentage of fault for the accident. Your compensation is reduced by your percentage of fault. In New York's pure comparative negligence system, in theory, you can recover damages even if you're 99% at fault (though your recovery would be reduced by 99%). For example, if a court determines that you were 30% at fault for an accident and the total damages were $10,000, you would only recover $7,000 (70% of the total).
How Partial Fault Affects Insurance Claims When multiple drivers share fault:
Insurance companies negotiate the percentage of fault. Your insurance rates will likely still increase, but possibly not as much as if you were 100% at fault. You may receive less compensation for your own damages based on your share of fault. Insurance Consequences After an At-Fault Accident Being found at fault for an accident typically affects your insurance in several ways:
1. Premium Increases After an at-fault accident:
Your car insurance rates will almost certainly increase The increase typically lasts for 3-5 years The amount of increase varies but can range from 20% to 40% or more Multiple at-fault accidents can lead to even steeper increases 2. Potential Policy Cancellation In some cases:
Multiple at-fault accidents within a short period may lead your insurance company to cancel or non-renew your policy. If canceled, you may need coverage from high-risk insurers at significantly higher rates. New York's Automobile Insurance Plan (assigned risk pool) provides coverage for drivers who can't obtain insurance on the voluntary market.3. Loss of Discounts At-fault accidents typically result in:
Loss of safe driver discounts Ineligibility for preferred rates Types of Damages You Can Still Claim Even if you're at fault, you may still be entitled to certain benefits:
Through PIP Coverage Regardless of fault, your PIP benefits should cover:
Your own medical expenses (up to your policy limits) A portion of your lost wages (typically 80%, up to $2,000 per month for up to three years) Some reasonable and necessary expenses related to your injuries Through Collision Coverage If you have collision coverage:
Costs to repair your vehicle (minus your deductible) Replacement value if your car is totaled (minus your deductible) Through Other Optional Coverages If you have additional optional coverages, you may be entitled to:
Rental car reimbursement while your vehicle is being repaired Coverage for personal items damaged in the accident (through personal effects coverage) Medical payments beyond what PIP covers (through Medical Payments coverage) Tomkiel & Tomkiel Is Ready to Answer Your Questions If you've been involved in an at-fault accident in New York, navigating the complex legal and insurance landscape can be overwhelming. At Tomkiel & Tomkiel, our car accident lawyers will give you honest answers to your questions and advise you on the best course of action.
Even in no-fault states like New York, determining liability can be complex, and partial fault scenarios are common. Contact us today for a free consultation to discuss your case and explore your options.
