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In New York, the rear driver in a rear-end collision is presumed to be at fault. The presumption is rebuttable — the rear driver can offer a non-negligent explanation — but in most rear-end cases, liability is established and the case turns on damages.
NY no-fault PIP applies. The serious injury threshold under §5102(d) determines whether you can recover for pain and suffering.
A worker discharged from the ER with a sprain/strain diagnosis sometimes turns out, over MRI workup, to have surgical disc pathology.
Same categories: medical, lost earnings, pain and suffering (subject to threshold), loss of consortium.
Prior results do not guarantee a similar outcome.
When the rear vehicle is a delivery truck, taxi, rideshare, or other commercial vehicle, the available insurance is typically much higher. Commercial fleets often carry $1M+ liability policies.
If you were a passenger in an Uber or Lyft when the rear-end happened — or if a rideshare driver rear-ended you — the rideshare $1M policy likely applies.
Pile-ups change the analysis. Each driver’s responsibility for each impact is analyzed separately.