Many people assume that they can only sue the other driver after a car accident in New York. In reality, multiple individuals, companies, or other entities may share liability for a collision.
While New York is a no-fault auto insurance state, you may still be eligible to pursue legal claims against liable parties for a car accident in many circumstances.
Who Can Be Liable for a Car Accident in New York?
Identifying each liable party is critical to maximizing the compensation available in a New York car accident case. However, each additional party involved means dealing with more insurance adjusters, further complicating the process.
Potentially liable parties in New York car accidents include the following:
The Other Driver
Most car accidents will involve another negligent driver. Behaviors that can lead to liability for a collision include speeding, distracted driving, reckless driving, or driving while under the influence of drugs or alcohol.
The Vehicle’s Owner
When the responsible driver does not own the car they were driving at the time of the collision, the vehicle’s real owner may also share liability for the accident.
Employers
If a driver responsible for a car accident was using a company vehicle or driving for work-related activities, their employer may be vicariously liable for the driver’s actions.
Rideshare Companies and Drivers
When a rideshare driver is involved in a car accident, companies such as Uber and Lyft may share responsibility for the driver’s behavior. However, determining liability in these cases can be quite complicated.
Vehicle Manufacturers
If a malfunctioning product contributed to an auto accident, the vehicle or parts manufacturers responsible may share liability for the collision. Defective brakes, airbags, tires, and onboard vehicle systems can pose serious risks for accidents.
Government Entities
You may be able to pursue a claim against a government agency responsible for dangerous road conditions, inadequate signage, or shoddy maintenance that contributed to an injury collision.
Construction Companies or Contractors
If roadwork zones are set up in an unsafe manner that leads to a car accident, construction companies may be held liable.
How Do New York’s No-Fault Rules Affect Who I Can Sue?
New York is a no-fault state for auto insurance, meaning most car accident victims file claims with their own insurers. However, there are some circumstances where you may be able to file a lawsuit against another party.
What Personal Injury Protection Covers
New York drivers are required to carry a minimum of $50,000 in no-fault personal injury protection coverage, or PIP, which pays for basic losses and expenses after a car accident. PIP covers essential medical expenses, a portion of your lost wages, and necessary expenses you incur due to your injuries.
PIP coverage is available regardless of fault, allowing those involved in car accidents in New York to quickly recover compensation for minor collisions.
When You May Bring a Claim Against an At-Fault Party
To pursue non-economic damages such as pain and suffering, your injuries must meet New York’s “serious injury threshold.” State law defines a serious injury as one resulting in broken bones, dismemberment, disfigurement, or a permanent disability.
If your economic damages exceed your PIP coverage limits, you can file a claim for the remaining amount of financial losses you have suffered.
What Happens if Multiple Parties Are Liable for My Car Accident Injuries?
- Multi-vehicle accidents: In collisions involving multiple drivers, there is often more than one driver sharing partial liability. Determining which drivers were responsible and to what degree may require a thorough investigation.
- Shared liability: A standard collision involving two vehicles may still have multiple liable parties if the at-fault driver was a commercial trucker, rideshare worker, or performing some other type of work at the time. In that circumstance, the driver’s employer may also share liability. Others may also bear some responsibility in some circumstances, such as manufacturers, government entities, and maintenance companies.
Comparative Negligence Rules in New York
As of 2026, New York has a modified comparative negligence system for assigning liability for car accidents. Under this rule, someone who is 51% or more to blame for a crash cannot recover any compensation. It does allow those 50% or less at fault for a crash to recover compensation. However, their damages are reduced in proportion to their share of the blame.
How Do Car Accident Lawyers Determine Who Can Be Sued?
Experienced New York car accident lawyers thoroughly investigate the circumstances behind a collision, gathering and analyzing key evidence to determine who is liable and to what extent. Some of the most effective tactics attorneys use include:
- Reviewing police reports: The initial police report filed after a car accident may provide a solid factual foundation for the case, helping a lawyer know where to look for additional information.
- Examining witness statements: Those present at the scene of the collision can help illustrate who was responsible and how.
- Investigating vehicle and collision evidence: Repair records and photos of destruction left at the scene can provide clues about each driver’s position, speed, and more. Video footage of the collision, if available, may serve as a smoking gun.
- Working with accident reconstruction experts: Attorneys often consult with professionals who may piece together evidence to re-create the circumstances of the collision, allowing them to make an independent statement about who was responsible.
What Are Some Common Circumstances That May Complicate Liability in My Case?
Liability in a car accident case is rarely straightforward. In some circumstances, many of which are relatively common, it may be even more complicated to determine liability:
- Hit-and-run accidents: You cannot file a third-party claim if you do not know who is responsible for your injuries. However, after a hit-and-run accident, you may pursue a claim under your own uninsured motorist, or UM, coverage to recover compensation.
- Accidents involving uninsured drivers: While you can sue an uninsured driver personally if you suffer a serious injury or exceed your PIP and UM coverage limits, it’s unlikely that someone without insurance will have enough assets to cover your damages.
- Commercial vehicle collisions: Accidents involving semi-trucks and other commercial vehicles often involve multiple liable parties, requiring a thorough investigation to pursue a successful claim.
- Defective vehicle components: When a malfunctioning component or part contributes to a collision, the manufacturer will likely share some liability for your injuries.
- Government vehicle or roadway claims: Certain rules and deadlines apply to claims against government entities, adding complexity to a car accident case.
What Damages Can I Recover in a Car Accident Lawsuit?
Damages that are typically available in a New York car accident lawsuit include:
- Medical expenses and long-term care costs exceeding PIP coverage limits
- Lost income exceeding no-fault coverage limits
- Non-economic damages, such as pain and suffering
- Wrongful death damages
- Punitive damages, in rare cases of intentional or extreme behavior
Let Lever & Ecker Handle Your New York Car Accident Case
Even the most straightforward-seeming collision can involve multiple liable parties. The award-winning attorneys at Lever & Ecker, PLLC, can handle all the investigation and analysis required to determine liability in your New York car accident case—then take on each party’s insurance company on your behalf to ensure you receive the compensation you deserve. You will benefit from more than 70 years of combined legal experience, with no pressure or commitments.
For a free, no-obligation consultation with our trusted car accident lawyers, contact us online or call 914-288-9191 today.
