If you were involved in a car accident in New York, you may be entitled to compensation from the person who caused the crash to occur. In most instances, fault is determined based on state law and evidence gathered at the scene of the accident.
How evidence is collected after an accident
Typically, the police officer who is called to the crash site will create an official report. This report will be combined with a report from an insurance adjuster to make an initial judgment as to who is responsible for the motor vehicle collision. The adjuster may interview those who were involved in the wreck as well as those who saw it happen as part of his or her report.
Finally, photos, videos and other evidence obtained during an investigation will be used when determining who caused your crash to occur. It may be possible to talk to the adjuster to ask questions about the investigation or to challenge that person’s conclusions.
You may share the blame for an accident
New York uses a pure comparative negligence standard when determining who is liable for damages in an accident. Let’s say that the other driver was considered to be 75% responsible for causing a collision that totaled your vehicle. In such a scenario, you would be entitled to recover 75% of the cost to repair or replace the car.
If you are involved in a car accident that results in property damage or bodily injury, it may be a good idea to contact an attorney. An attorney may review photos, videos or other information related to the case in an effort to obtain a favorable outcome. It may be possible to receive compensation even if you’re partially liable for the accident.
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