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Auto Accidents

Can I File a Personal Injury Claim or Lawsuit if I Share Liability for an Auto Accident?

December 26, 2012 | Michael Barasch

Many collisions clearly point to negligence of one driver. However, particularly in the confusion of heavy city traffic, multiple drivers can play a role in causing an auto accident. If you share a greater degree of liability than other drivers, pursuing compensation from others may or may not make sense, depending on factors such as the dollar amount of your claim and the value of injury claims of others involved in the accident. However New York law does have provisions that allow partially liable parties to pursue damages.

Under New York contributory negligence law, an injured accident victim can recover damages from other parties culpable for an accident. However the law reduces the damages, according to the percent of the liability of a victim. For example, if the expenses relating to your injuries amount to $1,000, but you shared ten percent of liability for the accident, you typically can pursue $900 in damages.

Establishing percentage of liability can present challenges for many lawsuits. If you plan to file an insurance claim, you have only 30 days from the date of the accident to notify the liable party’s insurance company to preserve your rights to file a claim. One of the best ways to take appropriate action is to seek advice from an experienced New York auto accident attorney through a free initial consultation.

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