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With over 11.3 million licensed drivers in New York and over 300,000 motor vehicle accidents each year, it is not surprising that I receive many phone calls from clients involved in car accidents. Often, identifying the driver responsible for the accident is clear such as when a person is hit from behind. Many cases are less clear and might involve situations where both drivers bear some fault. In those auto accidents, New York law applies comparative liability.

Comparative liability in a motor vehicle accident occurs when both drivers (in a two car accident) bear some responsibility for the accident. In those cases, the two sides agree on the liability that each shares as part of a settlement or a jury will assign a percentage liability to each. Here’s an example: Driver A rolls through a stop sign and makes a right turn onto a main road. Driver B speeds on that main road and strikes Driver A’s car injuring Driver A. Let’s say that Driver A sues the other motorist. In that case, Driver A will assume some responsibility for rolling through the stop sign and Driver B will assume some responsibility for speeding and failing to avoid the accident. A jury might find Driver B liable, but only for 60 percent of the accident. Therefore, Driver A would bear 40 percent comparative liability.

Comparative liability will affect the payment for damages. In the example I used above, let’s say a jury awarded Driver A $100,000 in damages. Driver B would only have to pay his 60 percent of the damages, or $60,000 as Driver A’s comparative liability would make him responsible for 40 percent or $40,000 of his own damages.

Let’s vary this example to make a point about the influence of comparative liability in New York. Let’s say that a jury found Driver B only 1 percent responsible and Driver A bears 99 percent comparative liability. If the damages are $100,000, then Driver B has to pay $1,000.

Let me add one additional variation pertaining to passengers in an auto accident. Let’s say that Cindy rode as a passenger n Driver A’s car. If she suffered injuries, she could sue both drivers to collect on those damages. Let’s say the jury found Driver B 60 percent responsible and Driver A 40 percent liable. If a jury awarded Cindy $100,000 in damages, then Driver A would pay $40,000 and Driver B would pay $60,000.

In reality, the drivers will not make those payments; their insurance companies will. Suppose Driver A only has a $25,000 policy and Driver B has a $100,000 policy. Under New York Law, once Driver A’s policy was exhausted, if the second driver has additional coverage, his policy will make up the difference. So Driver A’s insurance company would pay Cindy the full $25,000 policy. Driver B’s insurance company would pay a total of $75,000, including the $60,000 because of Driver B’s liability and $15,000 making up for what Driver A’s policy does not have enough to cover. 

To make this example of coverage for the passenger clearer, let’s say that Driver B only bore 1 percent of the liability and Driver A bore 99 percent comparative liability. If Cindy were awarded $100,000 in damages, Driver A would be responsible for $99,000 and Driver B would be responsible for $1,000. But, if Driver A only had $25,000 in insurance coverage, Driver B’s insurance policy would pay $75,000 to make sure that the innocent passenger was fully compensated.

I hope you have found this information helpful. As you can see, there are many nuances in New York State law pertaining to motor vehicle accidents and comparative liability. If you have questions, you should consult with a New York attorney experienced in handling motor vehicle accidents and car crashes. If you have questions or a potential case, I would be glad to assist you. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.

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Source by Carol L. Schlitt