| With over 11.3 million licensed drivers in New York and | | | | rode as a passenger n Driver A's car. If she suffered |
| over 300,000 motor vehicle accidents each year, it is | | | | injuries, she could sue both drivers to collect on those |
| not surprising that I receive many phone calls from | | | | damages. Let's say the jury found Driver B 60 |
| clients involved in car accidents. Often, identifying the | | | | percent responsible and Driver A 40 percent liable. If |
| driver responsible for the accident is clear such as | | | | a jury awarded Cindy $100,000 in damages, then |
| when a person is hit from behind. Many cases are | | | | Driver A would pay $40,000 and Driver B would pay |
| less clear and might involve situations where both | | | | $60,000. |
| drivers bear some fault. In those auto accidents, New | | | | In reality, the drivers will not make those payments; |
| York law applies comparative liability. | | | | their insurance companies will. Suppose Driver A only |
| Comparative liability in a motor vehicle accident | | | | has a $25,000 policy and Driver B has a $100,000 |
| occurs when both drivers (in a two car accident) | | | | policy. Under New York Law, once Driver A's policy |
| bear some responsibility for the accident. In those | | | | was exhausted, if the second driver has additional |
| cases, the two sides agree on the liability that each | | | | coverage, his policy will make up the difference. So |
| shares as part of a settlement or a jury will assign a | | | | Driver A's insurance company would pay Cindy the |
| percentage liability to each. Here's an example: Driver | | | | full $25,000 policy. Driver B's insurance company |
| A rolls through a stop sign and makes a right turn | | | | would pay a total of $75,000, including the $60,000 |
| onto a main road. Driver B speeds on that main road | | | | because of Driver B's liability and $15,000 making up |
| and strikes Driver A's car injuring Driver A. Let's say | | | | for what Driver A's policy does not have enough to |
| that Driver A sues the other motorist. In that case, | | | | cover. |
| Driver A will assume some responsibility for rolling | | | | To make this example of coverage for the |
| through the stop sign and Driver B will assume some | | | | passenger clearer, let's say that Driver B only bore 1 |
| responsibility for speeding and failing to avoid the | | | | percent of the liability and Driver A bore 99 percent |
| accident. A jury might find Driver B liable, but only for | | | | comparative liability. If Cindy were awarded $100,000 |
| 60 percent of the accident. Therefore, Driver A | | | | in damages, Driver A would be responsible for |
| would bear 40 percent comparative liability. | | | | $99,000 and Driver B would be responsible for $1,000. |
| Comparative liability will affect the payment for | | | | But, if Driver A only had $25,000 in insurance |
| damages. In the example I used above, let's say a | | | | coverage, Driver B's insurance policy would pay |
| jury awarded Driver A $100,000 in damages. Driver B | | | | $75,000 to make sure that the innocent passenger |
| would only have to pay his 60 percent of the | | | | was fully compensated. |
| damages, or $60,000 as Driver A's comparative | | | | I hope you have found this information helpful. As |
| liability would make him responsible for 40 percent or | | | | you can see, there are many nuances in New York |
| $40,000 of his own damages. | | | | State law pertaining to motor vehicle accidents and |
| Let's vary this example to make a point about the | | | | comparative liability. If you have questions, you |
| influence of comparative liability in New York. Let's | | | | should consult with a New York attorney |
| say that a jury found Driver B only 1 percent | | | | experienced in handling motor vehicle accidents and |
| responsible and Driver A bears 99 percent | | | | car crashes. If you have questions or a potential |
| comparative liability. If the damages are $100,000, | | | | case, I would be glad to assist you. You can call me |
| then Driver B has to pay $1,000. | | | | at 1-800-660-1466 or send me an e-mail at The |
| Let me add one additional variation pertaining to | | | | consultation is free and I will be glad to help you. |
| passengers in an auto accident. Let's say that Cindy | | | | |