The Truth About Shared Blame For NY Car Accidents

Getting injured in a car accident is stressful enough. But it becomes even more discouraging when the insurance company tries to claim you were partially at fault. Even in situations where you know the crash wasn’t your own doing, insurers may look for ways to shift blame and reduce what they owe you.

“There’s nothing more frustrating than being involved in a car accident where you’re injured, and the car accident was not your fault, to later learn that the insurance company is trying to blame you for some portion of how the accident happened,” explained Partner Lindsay Langella.

In New York, this isn’t just a tactic. It’s actually legal under the state’s comparative fault laws, and insurers will try to argue shared blame unless there’s clear-cut liability as to how the accident happened.

Yet, many people don’t realize they can still pursue compensation despite being partially at fault.

“I want you to remember this: it does not prevent you from bringing a personal injury case here in New York. You’re still allowed to bring a personal injury claim, even if there is a determination of some partial fault attributed to you for how the car accident happened,” Lindsay Langella noted.

If you’ve found yourself in this situation, you’re not alone–and you have options.

What Is Comparative Fault?

New York is a comparative negligence state. This means that more than one party can share legal responsibility for a crash–including you, an injured victim. And insurance companies regularly use comparative fault in an attempt to reduce or deny claims.

How Insurance Companies Use Comparative Fault Against You

Even if the accident was not your fault, insurers could argue that your actions contributed to the accident. For instance, in a car accident case, they may say that you were following too closely, failing to yield, distracted, or made another “unsafe” maneuver.

And unless liability is 100% clear, they will try to assign a percentage of the blame to you. That way, they can avoid paying full compensation.

“In New York, they can legally try. And trust me, they will,” Lindsay Langella said.

Why You Need An Attorney Who Knows How To Push Back

When you’re recovering from an injury, the last thing you should worry about is legal strategy. But make no mistake: how you respond to an insurance company’s blame game can directly impact your compensation.

At Langella & Langella, we know how to challenge insurers and build strong, evidence-based cases to fight for our clients.

• We collect key evidence, such as surveillance footage, witness statements, and crash reports, to pursue maximum compensation
• We’ll handle all communication with insurance companies and work with third-party experts to strengthen your case
• We will develop a custom strategy tailored to your unique situation
  

Compensation You May Be Entitled To

Even if you’re found partially at fault, you may still be eligible for compensation. Our personal injury attorneys always work to achieve maximum compensation for a range of losses that you might’ve suffered.

This includes reimbursement for medical expenses such as hospital stays, surgeries, and physical therapy related to your injuries. And if the accident forced you to miss work, you may also be able to recover lost wages. Or, if your vehicle was damaged, you may be eligible to recover the cost of repairs or even replacement.

In addition to these economic losses, you can pursue compensation for pain and suffering. This accounts for the physical and emotional toll the accident has taken on your life.

Finally, in more serious cases, your spouse may seek compensation for loss of consortium. This recognizes the loss of companionship and support caused by your injuries.

Let Langella & Langella Fight For You

You shouldn’t have to suffer financially or emotionally because an insurance company is playing the blame game. Our legal team at Langella & Langella is prepared to stand up for your rights and fight for the full compensation you deserve.

“You focus on healing–let me handle the rest,” Lindsay Langella stated.

If you’ve been injured in a car accident and are being blamed for something you didn’t cause, contact Langella & Langella. Call us today for a Free Consultation at (631) 348-9500.