New York auto insurance is based on the negligence law of pure comparative. What this means is that if you are found to be 51% or more negligent in an accident then you will be coded as negligent in an accident and your auto insurance rates will likely go up. New York auto insurance laws make it possible for an accident to have more than one party be negligent for an accident, so, what does this mean?
First, this means that if an accident is any percentage the responsibility of either party, New York auto insurance laws require that auto insurance company pay for the repairs to the other’s vehicle for the percentage their driver was negligent. Basically a 50-50 accident with New York auto insurance means that both parties are going to take care of 50% of the repairs to the other party’s vehicle.
If an accident is 60-40 then the party that is 60% responsible is negligent and that driver’s auto insurance pays for 60% of repairs to the other vehicle, according to New York auto insurance law. The party that is 40% responsible is considered to be fault free as far as insurance rates go, but has to pay for 40% of the repairs to the other party’s vehicle.
New York auto insurance laws make it so that the auto insurance companies are the ones that get to make the determination of who was at fault, taking that responsibility from the busy lives of law enforcement officers.
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