Multi-car accidents typically result in significant property damage, and injuries tend to be fairly severe here. Even when damage and injuries are minimal, emotions can still run high. There’s often a lot of finger-pointing and yelling about fault.
Everyone that’s involved is searching for someone to blame, and sorting out the mess and determining fault in a multi-car accident can be tricky at best. Sometimes the individuals involved in the accident aren’t precisely sure who started the collision. Thankfully, there are ways accident and insurance investigators can determine fault so you can get started on your personal injury claim.
How Fault is Determined in a Multi-Car Collision
Multi-car collisions can be anything from a rear-end accident to a left-turn car crash. Anytime more than two vehicles are involved in the crash, it’s considered a multi-car accident. Sometimes, determining fault in a multi-car collision is fairly straightforward.
For example, a vehicle crosses the center line and hits an oncoming vehicle, starting a chain reaction. In this example, the driver crossing the dividing line is to blame for the resulting accident. Another example is if a driver is intoxicated and causes a multi-car crash. The intoxicated driver is the one at fault.
Other types of multi-vehicle collisions are a little more complicated. If a driver is tailgating the lead vehicle and slams into their rear bumper, they’re usually partially to blame. However, if the lead vehicle stops suddenly for no reason, they may also be at fault. Adding to the possible confusion are the other drivers involved in the wreck. They may also be partially at fault if they hit another car’s bumper.
As you can see, determining fault isn’t always easy and this can affect your insurance claim. So, how is fault determined when more than two cars are involved in an accident? There are ways investigators can help figure out who’s to blame, and this can include:
● Bring in accident reconstruction specialists
● Interviewing accident witnesses
● Viewing camera footage from nearby homes and businesses. Even traffic light cameras can help determine fault in an accident.
The accident report can also help authorities and insurance adjusters figure out the underlying causes of a multi-car pileup.
Does No-Fault Insurance Cover Your Damages If You’re Not the At-Fault Driver
New York is one of about 18 states that follow no-fault insurance rules. The idea behind no-fault insurance laws is to help ensure accident victims can quickly receive compensation for their damages without a lengthy negotiation process or trial.
How no-fault insurance works is pretty simple: regardless of who’s to blame for the multi-car collision, everyone turns to their insurance provider. Your personal injury protection (PIP) insurance covers some or most of your medical expenses. This also applies to any injured passengers in your vehicle. PIP can also cover part of any income you may lose due to your injuries.
While PIP takes care of around 80% of your medical costs, it doesn’t cover property damage. If you’re only carrying liability insurance, this only pays for damages sustained by the other driver. Liability insurance also only pays out if you’re fully or partially responsible for the multi-car accident.
So, does this mean you’re stuck with outstanding bills and other damages? Even if you’re partially responsible for a multiple-vehicle collision, you may still be able to recover your remaining damages.
After your PIP insurance covers your damages up to the policy’s cap, your next step is to file a third-party claim. This is the claim you’ll file against the at-fault driver’s insurance, which takes over where PIP leaves off. So, if you still have outstanding medical bills and incurred property damage, this is when you can receive compensation.
Something else to know about your PIP policy is that it doesn’t cover your non-economic damages like pain, suffering, mental anguish, and loss of life enjoyment. You can include any non-economic damages in your third-party insurance claim.
Comparative Negligence Can Affect Your Accident Claim
As mentioned earlier, multi-car accidents can be complex, and it’s not uncommon for more than one driver to be assigned some of the blame. Everyone involved in a vehicle accident, regardless of fault, can file a PIP claim for compensation. Remember, PIP only covers things like medical costs and lost wages; it doesn’t pay out for property damage.
With that being said, New York is a pure comparative negligence state. This means you can file a third-party insurance claim even if you’re 95% responsible for causing the multi-car pileup.
So far, this sounds like good news, but there is a caveat: your compensation amount is reduced by your percentage of the blame. So, if you’re 80% responsible for the multi-car rear-end collision and your compensation amount is $100,000, then you’ll receive a check for $20,000. As long as you’re not 100% responsible for the accident, state law allows you to file a claim for damages not covered by PIP.
What To Do After a Multi-Car Accident
If you’re involved in a multi-vehicle accident, there are a few things you should do. Taking these steps can help protect your rights, which can be essential if you’re planning on filing a third-party accident claim.
You should always seek immediate medical attention, even if you don’t think your injuries are all that serious. Some injuries can take a while to start displaying noticeable signs and symptoms. If possible, go ahead and document the accident scene, which involves taking pictures of your vehicle damage, any injuries you sustain, and the placement of your vehicle.
If your injuries are too severe, don’t worry; your personal injury attorney can request video footage, interview witnesses, and even bring in an accident reconstruction specialist.
Contact An Attorney After Your Multi-Car Accident
Contacting an experienced accident attorney as soon as possible is important. Determining blame in a multi-car collision can be tricky, even for seasoned investigators. Your attorney can help protect your legal rights and ensure you’re not assigned more than your fair share of the blame.
It’s important to note that your percentage of fault can significantly affect your compensation amount. With professional legal support behind you, you can navigate and overcome the many complexities of your case and strive for a fair outcome.
