How is fault determined in an accident why are they pinning fault on me ?
Insurance quotes are saying two point on my license for an accident and. A lot of insurance companies don’t wanna insure me because it shows I’m at fault . I got a person injury attorney on the case I’ve shown him paperwork that says it’s saying I’m at fault and 2 points and he’s telling me it hasn’t been decided who is at fault for the accident. What do I do ? How can I clear this up? My attorney is not helping me.
3 attorney answers
If your attorney is not assisting you on this, perhaps it is time to look for a new attorney.
New York is what is called a “pure comparative negligence” state, which means that a driver can be assessed anywhere from 0% liability to 100% liability. It is possible that there could be liability on both parties but without all of the facts and a full investigation, which cannot be done in this forum, there is no way to tell.
You need to contact the insurance company you had at the time and go over what their investigation has revealed and how they are going to determine who is at fault.
Your insurance company probably determined you were at fault based upon their investigation into the accident which may not have consisted of much more than a review of the police accident report and possibly telephone interviews of each of the drivers. The two points you are referring to might be insurance demerit points rather than DMV demerit points. A review of your driver’s abstract and your paperwork would be required to give you a definitive answer.
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