A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.
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How to Successfully Dispute Fault in a Car Accident: A Comprehensive Guide
Being injured in a car accident is hard enough without the added stress of the other driver denying responsibility. It might seem like their word against yours, but there are ways to tip the scales in your favor.
At Harris, Keenan & Goldfarb, we know how stressful it is to deal with complex legal issues after a car accident. Our New York car accident lawyers have extensive experience disputing car accident fault and can represent you in your fight for fair compensation. This comprehensive guide will empower you with the knowledge and tools needed to dispute your case effectively. By understanding the key elements of your case and how to present them, you can challenge the other driver’s claims and reach a fair outcome in your case.
Why Does Fault Matter If New York Has No-Fault Insurance?
All New York auto insurance policies must include $50,000 in no-fault Personal Injury Protection (PIP) coverage. This coverage is your first option for recovering compensation after an accident.
So, if you have no-fault insurance, why does fault matter in an accident? Simple: If your medical bills exceed the limits of your no-fault coverage or you sustained severe injuries, you need to show that the other driver (or another party) caused the accident before you can seek compensation from them. Therefore, fault still plays a crucial role in New York car accident claims.
Evidence to Dispute Fault in a Car Accident Claim
If the other driver accuses you of causing the accident, you’ll need compelling evidence to support your claim. This evidence is crucial to prove that you were not at fault for the crash. Common types of evidence that can help in insurance claim disputes include:
- Police Report: A document prepared by the police after an accident, summarizing the incident and sometimes indicating who they believe was at fault.
- Witness Statements: Accounts from people who saw the accident happen, providing an unbiased perspective on the events leading up to the collision.
- Photos and Videos: Visual evidence from the accident scene showing vehicle positions, damage, road conditions, and traffic signs or signals.
- Traffic Camera Footage: Recordings from nearby traffic cameras can capture the accident as it occurred. They provide clear details on the sequence of events.
- Accident Reconstruction Reports: Analysis by experts who use the available evidence to recreate the accident and determine how and why it happened.
- Medical Records: Documentation of injuries sustained in the accident, linking the collision to the injuries claimed in the lawsuit.
- Vehicle Damage Reports: Assessments detailing the extent and location of damage on the vehicles can help determine the impact points and fault.
- Cell Phone Records: Logs indicating phone use during an accident suggest driver distraction.
- Dashcam Footage: Recordings from a dashboard-mounted camera in a car, providing a first-person view of the accident as it unfolds.
Comparative Fault in Car Accidents
It’s not always clear who caused a car accident, and in some cases, both drivers contributed to a crash. When this happens, New York’s comparative fault laws come into play. Under comparative fault laws, if you are partly to blame for a crash, your compensation is reduced by your degree of fault. If an insurance company or court determines that you are 20 percent to blame for an accident, you would only be entitled to recover 80 percent of your compensable losses. An experienced attorney can collect the available evidence to minimize your role in a crash. This helps you maximize your compensation.
Amending a Police Report After an Accident
Police reports are essential evidence in a car accident claim, so the information in the report must be correct. The easiest way to correct a police report is to contact the officer who made the report and ask them to change it. However, the police are unlikely to change the report without evidence of the error. Make sure you include photos or other evidence to show what happened.
While the police may change a factual error if you can provide evidence of the mistake, they are unlikely to change any information in the report related to their opinion of the crash. This includes their opinion of who caused the accident. If the police won’t change a report after you ask them, you can submit a report about what happened. This form to use is called an MV-104; you can find more information on submitting these reports and download a copy of the form from the New York DMV. An attorney can also help you amend a police report or fill out an MV-104 on your behalf.
Contact Our New York Car Accident Lawyers Today
You could handle your car accident dispute yourself. However, it’s a lot of work, especially when you have severe injuries and need to focus on healing. The team of New York car accident attorneys at Harris, Keenan & Goldfarb can gather evidence to support your case and handle all the legal work for you. Call us today at 800-PAIN-LAW or complete our contact form for a free consultation.
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Immediate Actions After A No-Fault Car Accident In New York
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