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Home > Blog > Is New York a Fault State for Car Accidents?
WEDNESDAY, AUGUST 26, 2020

Is New York a Fault State for Car Accidents?

close up of a car tire on a road covered in leaves

When it comes to car accidents, most states fall into two categories: at-fault or no fault. Fault refers to who caused the accident, and thus who is responsible for paying for the damages. For example, say you’re driving, and someone runs a stop sign and hits you. In a fault state, the driver who ran the stop sign will likely have to pay for the damages and injuries they caused you, your car and your passengers.

Examples of fault states include Ohio, Oklahoma and Texas.

On the contrary, New York is a no-fault state for car insurance.

What Does No Fault Mean for Car Insurance?

In a no-fault state, the responsibility is spread between drivers no matter who caused the accident. In this case, both drivers will be expected to file a claim with their car insurance provider for damages and injuries. This is why most no-fault states require drivers to carry personal injury protection, which provides compensation for injuries a driver and their passengers may sustain while in the insured vehicle.

Each state has different rules when it comes to no-fault car insurance, however. Some states base fault off of percentage. Other no-fault states have time limit requirements in which car accident victims must file a claim. Claims in New York must be filed within 30 days of the accident.

What Car Insurance is Required in New York?

New York requires all drivers to carry at least:

  • $25,000 in bodily injury liability per person
  • $50,000 in bodily injury liability per accident
  • $10,000 in property damage liability
  • $50,000 no-fault coverage (personal injury protection)

These are only the minimum requirements and don’t express the total amount of car insurance you should have on your vehicle. On top of coverage to protect your vehicle, you can also request a personal injury protection (PIP) endorsement in case an accident results in expenses over the default’s limit of $50,000.

Can You Be Sued in New York for a Car Accident?

Even though New York is a no-fault state, citizens are still allowed to sue others for a car accident if the other driver caused an accident that resulted in “serious injury.” Serious injury under New York’s no-fault law may include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use in a limb, organ, function or system, significant limitation of use of a body or system, and more.

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Posted 4:05 PM

Tags: car insurance, auto insurance
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