How to Prove You Are Not at Fault in a New York City Car Accident

Being in a car accident in New York City can be overwhelming, especially if another driver or their insurance company tries to blame you. Proving you were not at fault in a NYC car accident is critical to protecting your rights and maximizing your compensation. At Greenstein & Pittari, LLP, our New York City car accident lawyers have decades of experience helping victims challenge false blame and win cases throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island.

Why Proving Fault Matters in New York City

Although New York follows a no-fault insurance system, proving fault is still essential in many cases:

• Serious Injury Threshold – To recover compensation beyond basic no-fault benefits, you must show you suffered a qualifying “serious injury” (fractures, permanent loss of use, disfigurement, or 90/180 disability).
• Comparative Negligence – Even if you share some blame, you can still recover damages. Your award is reduced only by your percentage of fault.
• Property Damage Claims – Outside of the no-fault system, you must prove the other driver caused the crash to recover repair costs.

Insurance companies in NYC often try to assign blame unfairly. Having an attorney who can prove the other driver’s negligence is key to protecting your case.

How to Prove You Were Not at Fault in a NYC Car Accident

To show that you were not responsible, your attorney must demonstrate that the other driver’s negligence caused the collision. This requires proving:

1. Duty of Care – All NYC drivers must follow traffic laws and drive safely.
2. Breach of Duty – The other driver acted negligently (speeding, distracted driving, drunk driving, running a red light).
3. Causation – Their negligence directly caused the crash.
4. Damages – You suffered injuries, property damage, or financial losses.

By proving the other driver’s fault and disproving claims against you, we protect your right to full compensation.

Evidence That Proves You Were Not at Fault

The most effective way to prove you weren’t at fault in a New York car accident is with strong evidence, such as:

• Police reports (MV-104A) filed by NYPD or local police
• Video footage from traffic cameras, dashcams, or surveillance in Manhattan, Brooklyn, Queens, or the Bronx
• Eyewitness testimony from unbiased bystanders
• Accident scene photos showing skid marks, debris, and traffic signals
• Event Data Recorder (“black box”) data showing speed and braking
• Cell phone records proving the other driver was distracted
• Medical records connecting injuries to the crash
• Expert testimony from accident reconstruction specialists

At Greenstein & Pittari, LLP, our NYC car accident lawyers move quickly to preserve evidence before it disappears.

Steps to Take After a Car Accident in NYC

If you’re accused of causing a crash in New York City, these steps can protect your rights:

1. Call 911 and request an NYPD report.
2. Do not admit fault or apologize – stick to the facts.
3. Seek immediate medical treatment to document injuries.
4. Take photos and videos of the vehicles, road, and traffic signals.
5. Collect witness contact information.
6. File your No-Fault (NF-2) application within 30 days.
7. Consult a New York City car accident lawyer quickly to begin building your defense.

Legal Deadlines in New York City Car Accident Cases

• Personal Injury Lawsuit: 3 years from the crash.
• Wrongful Death: 2 years from the date of death.
• Claims Against NYC Agencies (NYPD, MTA buses, sanitation trucks): Notice of Claim required within 90 days, lawsuit within 1 year and 90 days.
• New York State Claims: Strict Court of Claims deadlines apply.

Missing these time limits can permanently bar your case – another reason to hire an attorney immediately.

How Greenstein & Pittari, LLP Proves You Are Not at Fault

When you are wrongly blamed in a New York City car accident, our attorneys:

• Investigate the accident scene immediately
• Collect and preserve traffic camera, dashcam, and surveillance video
• Use expert accident reconstruction and medical analysis
• Cross-examine false or biased witnesses
• Apply NYC traffic laws, VTL statutes, and insurance rules strategically
• Handle negotiations and, if necessary, fight in the New York Supreme Court or the Court of Claims

We work on a contingency-fee basis – no upfront costs, no fees unless we win.

Speak With a New York City Car Accident Lawyer

If you’ve been injured in a car accident in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, or Long Island, and you’re being unfairly blamed, don’t face insurance companies alone.

Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free consultation.

We offer home and hospital visits throughout NYC. Don’t be a victim twice – let us prove you were not at fault.