Although New York is a “no fault” insurance state, those who suffer serious personal injuries in a Syracuse car accident caused by someone else’s negligence may be able to recover money damages from the person whose breach of duty caused the crash. Generally speaking, there is an exception to the…
Articles Posted in Car Accidents
New York Appellate Tribunal Agrees That Injured Driver Provided Sufficient Proof to Defeat Summary Judgment Under 90/180 Rule
A Syracuse car accident can leave an innocent driver or passenger physically injured, either temporarily or permanently. It is important that a person who has been hurt in an accident understand the nuances of New York insurance law as he or she navigates the claims process. An established motor vehicle…
New York Appellate Court Affirms Dismissal of Personal Injury Case Due to Failure to Provide Documentation to Take Case Out of No-Fault Provisions
New York is a “no fault” state for purposes of automobile accident claims. While “no fault” does not mean that a negligent driver can never be held liable for a Syracuse car accident caused by his or her failure to act in a reasonably prudent manner, it does require an…
New York Appellate Court Holds That Summary Judgment Should Have Been Partially Granted and Partially Denied in Car Accident Victim’s Suit Against UM/UIM Carrier
Under New York’s no-fault insurance laws, not every person who has been involved in a car accident has a right to sue the person responsible for the accident. Likewise, only those who meet certain exceptions to the no-fault rule can file the equivalent of a personal injury claim against their…
Appellate Court Reviews Bus Accident Case to Determine Whether Victims Suffered “Serious Injury,” as That Term is Defined by New York Insurance Law
New York is considered a “no fault” state for purposes of automobile accident insurance. This means that, when a Syracuse car accident occurs, the driver of the two cars involved in the accident are reimbursed by their respective insurance companies, such that neither party must prove fault against the other.…
Partial Summary Judgment Denied in New York Bicycle-Car Accident Lawsuit
In a Syracuse personal injury lawsuit arising from a car wreck, bicycle accident, or truck collision, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. In order to do this, it is important that the accident be investigated promptly, thoroughly, and by…
New York Woman’s Termination for Cause Unrelated to Car Accident Means Her No-Fault Insurer Owed Her No Lost Wages
Although New York is a “no fault” state for the purposes of automobile accident liability, this does not mean that a negligent driver can never be held accountable for the injuries of a person hurt in a crash. To the contrary, if someone sustains serious injuries in a New York…
New York Appellate Court Rules that Summary Judgment Should Have Been Entered in Car Accident Case
In a Syracuse automobile accident lawsuit, the plaintiff must be able to prove that the driver against whom a claim is filed was negligent in some manner. In order to prove negligence, the plaintiff has to prove that the defendant breached a duty of care that was owed to him…
New York Court Denies Summary Judgment to Common Carrier in Injured Passenger’s Negligence Lawsuit
In a Syracuse personal injury lawsuit based on a theory of negligence, the plaintiff has the burden of proof. This means that he or she must be able to provide evidence sufficient to convince the jury, by a preponderance of the evidence, to the existence of each and every element…
New York Court Grants Partial Summary Judgment in Rear-End Collision Case
In a Rochester or Syracuse rear-end collision, there is a presumption that the person driving the automobile that ran into the back of the other was a fault in the accident. While there are some circumstances in which the defendant in such a case may be able to avoid liability, the…