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Being involved in a car accident is a scary and overwhelming experience. Oftentimes, victims are shocked by the traumatic incident. This can make it challenging for those involved in car crashes to recall the events leading up to an accident. Ultimately, this can make it difficult to determine who was at fault for the collision. New York is a no-fault state, which means victims are generally reimbursed by their insurance company for their damages, regardless of whether they were responsible for causing the accident. Please continue to follow along to learn how insurance companies determine fault in a car accident. In addition, contact an adept New York City Car Accident Attorney who can help you understand your legal options.

What factors do insurance companies assess to determine fault in a car accident in New York?

Following a car accident, insurance companies will investigate the facts of the accident to determine who is negligent. Unfortunately, car accidents are often the result of driver error. If a violation of a traffic law has been committed which caused an accident to occur, it is easier for insurance companies to determine fault. Insurance companies will send insurance adjusters to investigate the circumstances of the accident. An adjuster will evaluate all aspects of the collision. This includes obtaining the accident report, attempting to review the victims’ medical history, reviewing photos of the claimed damages, and conducting various interviews with motorists and witnesses.

Should I avoid speaking to an insurance adjuster?

After a car accident, you should refrain from speaking with an insurance adjuster. Soon after a collision, adjusters will approach you to speak to you before you’ve had a chance to fully understand how much your damages may be worth. An adjuster may seem sympathetic toward your situation, however, they are not on your side. Insurance companies send adjusters to investigate the accident to determine fault and to discredit victims’ claims to minimize the costs they have to cover. An adjuster will ask you numerous questions about the accident and your injuries. It is imperative to understand that anything you say to an adjuster can be flipped and used against you in an attempt to discredit your claim. Following an accident, it is in your best interest to retain the legal services of an experienced attorney. A qualified attorney will help you navigate interactions with insurance adjusters.

In the unfortunate event that you have been injured in a car accident, please don’t hesitate to reach out to one of our skilled attorneys. Our firm is committed to helping our clients pursue legal action against a negligent party to seek monetary compensation for their damages.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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