Whose Insurance Pays in a Multi-Car Accident in New York?

Whose insurance pays in a multi-car accident in New York depends on whose negligence caused or contributed to the crash. Sometimes, this is just one party, such as a negligent driver. In more complex cases, multiple parties contribute to a collision, so multiple insurers cover your losses.

The New York car accident lawyers at Oresky & Associates, PLLC, closely investigate every case we take so we can identify the liable party as soon as possible. Then, we confront both the liable party and their insurer on the client’s behalf, fighting hard for the financial compensation they are entitled to.

How Liability Is Determined in Multi-Car Pileups in NY

The New York City Police Department, the insurance companies, and the lawyers representing each party will investigate the collision, searching for evidence of:

• How the accident happened: We need to know what specific act(s) of negligence — such as distracted driving, drunk driving, failure to yield, or speeding — contributed to the event.
• Who is liable: Our investigation will uncover which party or parties displayed negligence.
• The consequences of the accident: To recover just compensation, you must demonstrate what damages you suffered and how the crash caused those damages.

Potential sources of evidence in traffic accident cases include:

• Video footage
• Police reports
• Witness statements
• Expert statements
• Trucking company records, if you were involved in a truck accident
• Debris from the accident scene
• Your medical records

The various parties investigating the crash may come to different conclusions about what happened. Our New York attorneys will work to mitigate any accusations leveled against you.

New York Negligence Law and How It Affects Multi-Car Cases

Among the many laws that could impact your case are:

• CPLR 1411: This law states that if you behave negligently, your compensation may be reduced by your negligent conduct, but you are still allowed to pursue and recover damages.
• VTL 1101: Under this law, failure to obey state traffic laws is illegal. Proving that at least one of the other drivers in your accident case broke such a law could persuade their insurance company to pay you an appropriate settlement.
• VTL 1225-C(2): The use of handheld phones while driving is prohibited under this law. Any driver, including a commercial vehicle driver, caught using their phone could face criminal charges and a civil lawsuit.
• CPLR 214: This law sets the deadline by which you must file a lawsuit based on someone else’s negligence. While this three-year deadline applies in most cases, there are exceptions, and you will likely have to report the accident to your insurer and start collecting evidence much sooner than the deadline stated here.

The more people were involved in your accident, the more challenging it becomes to trace each party’s actions and how they contributed to your injuries. You could benefit from hiring a professional legal team like ours that is familiar with state and local laws and can apply them to your car accident claim or lawsuit.

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Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Insurance Coverage After a Multi-Car Crash in New York: Who Pays for the Damages?

In a multi-car accident, who pays depends on who is liable and how much evidence your personal injury attorney finds to prove their negligence. Which insurer you file a claim with will also affect what types of damages you can collect for your injuries.

Filing a Claim with Your Own Car Accident Insurer

According to the New York State Department of Financial Services (DFS), all drivers in the state must have Personal Injury Protection (PIP) coverage. This policy will help cover your medical bills, lost wages, and certain out-of-pocket expenses, regardless of who is liable.

After a car accident, you must inform your insurer about what happened. If you contact our car accident law firm right away, we will help you file this report and handle all communication with the insurance company on your behalf. Legal protection is important because insurance companies are often reluctant to pay a just settlement and may push back on or reject your claim.

Filing a Negligence-Based Car Accident Claim

Your PIP insurance does not require you to prove negligence against anyone, which may make it easier to recover compensation through this policy. However, PIP policies also limit the types of damages you can recover to certain economic damages.

To pursue damages for the full range of losses you sustained, you can file a car accident claim against the at-fault party or parties. By seeking compensation through the liable party’s insurer, you become eligible for a much wider range of damages, including but not limited to:

• Past and future pain and suffering
• Reduced quality of life
• Disability
• Lost union benefits and other job benefits
• Medical costs, lost income, and out-of-pocket expenses not covered by your PIP policy
• Property damage

Filing a Claim Against Someone Who Is Not a Driver

While many car accidents are caused by negligent drivers, there are some situations where you have the option of suing someone other than a driver.

For example, if one of the vehicles was a rideshare vehicle, you could potentially sue Uber or Lyft. If one of the vehicles was a truck or other commercial vehicle, you could sue the driver’s employer. Owners of vehicles are also potential parties even when someone else is operating the vehicle, as are employers whose employee caused an auto accident in the furtherance of their business.

Each of these insurance policies is potentially available to satisfy your claim. Our multi-vehicle accident lawyers will evaluate the facts in your case and tell you what actions you should take to pursue the damages you are entitled to.

Filing a Car Accident Lawsuit

While insurance companies are often willing to negotiate a pretrial settlement, this does not happen with every claim. In a multi-car accident case, it would be especially easy for them to try to assign blame to someone else.

If any insurance company refuses to offer the money warranted by the facts of your case, you have the right to pursue the case in court. Our auto accident attorneys could then present your case to a judge or jury to demonstrate that the damages you seek are just and reasonable.

Special Cases in Multi-Car Accidents in New York

There is no such thing as an “average” multi-car crash case. Every case presents unique challenges and unique opportunities for seeking justice. The car crash lawyers at our firm are prepared to assist with cases involving unusual or complex circumstances, including:

Uninsured Motorists

New York drivers are also required to purchase uninsured motorist coverage. This policy covers certain damages if the negligent driver does not have insurance to pay for your losses or if you were injured by a hit-and-run driver who cannot be found.

If you do not have uninsured motorist coverage — for example, if you were a passenger in a vehicle owned by an uninsured driver — you can access uninsured motorist benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC). Like regular uninsured motorist insurance, MVAIC will help you pay for lost wages and medical expenses. MVAIC will also pay compensation for pain and suffering up to $25,000.

Fatal Car Accidents

If you lost a loved one in a multi-car collision, please accept our condolences for your loss. No amount of compensation can ease your pain or bring your loved one back, but if you do decide to file a wrongful death action, the money you receive will cover both your loved one’s suffering and your economic losses, including:

• Final medical expenses
• Funeral and burial costs
• Other end-of-life costs, such as estate settlement
• Loss of financial support

Catastrophic Injuries

Many people fully recover from their car accident injuries. Others, including those who suffered severe injuries like spinal cord injuries or traumatic brain injuries, may require extensive medical care for the rest of their lives. Estimating the worth of future losses is a complex yet essential task:

• If you ask for too much money, the insurance company will not agree to pay it.
• If you ask for too little money, you will not receive a settlement amount that reflects the full value of your case.

Our legal team has access to experts in a variety of fields, including medicine and economics. As we investigate your claim, we will determine if and when it is appropriate to have one of these experts evaluate your case and confirm the likely worth of future damages.

Get Help After a Multi-Car Pileup

While you focus on your recovery, our car injury lawyers will fight for you. Call (718) 993-9999 to get started. Our team speaks both English and Spanish.

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How to Get Maximum Compensation in a Multi-Car Accident in NY

There are several ways you can maximize your settlement amount and protect your rights after a crash:

• See a doctor: This could mean going to the emergency room or making an appointment with your own doctor, depending on the extent of your injuries.
• Collect evidence: Accident scenes change quickly, especially with so many people and vehicles involved. If you can safely take photos and get the other drivers’ contact and insurance information, do so.
• Get legal help: Our New York personal injury lawyers will work quickly to gather additional evidence, determine who is liable and whose insurance should pay for your damages, and negotiate with the insurance companies.
• Say as little as possible: If the police ask questions, keep your answers short and factual. Do not agree to speak to anyone’s insurance company until you consult with Oresky & Associates, PLLC.

Call Our New York Multi-Car Accident Attorneys Today

Oresky & Associates, PLLC, seeks justice for every client, regardless of their immigration status. Call (718) 993-9999 today for a no-risk case evaluation.