That sounds insane. What normal person would enact laws like that?

 

I'm trying to wrap my head around the idea that law makers are normal people

 

Yes, what the ins companies can do, is request that data be analyzed from the oem data recorders (not dash cams) from each vehicle. On modern vehicles, there are enough types of data (he was accelerating, she was on the brake and at a stand still....) that the companies can settle it among themselves as to fault. Ins companies have to deal with other ins companies all the time. the incentive for each co., is to identify risky drivers in their own portfolio. @Trustee a few Qs: a) What do you mean by "free coverage by the State"? My relatives have ins thru a corporation and it certainly ain't 'free'. b) " 'no faulty insurance,' you are equally considered to share the fault". I disagree. To expedite settlement, courts consider both parties at fault, but not equally. Many LEOs have told me (uh, not by the side of the road.......) using the OP example they would blame the rear driver (younger kid) either all or most of fault. The insurance companies do so behind the scenes. What might be incorrect about this? c) "dashcam evidence will not be considered" because it is unfair. What?!? Is it unfair if i have ABS technology on my car and stop shorter than the young kid behind me who does not have ABS on his car , then runs into me? Dashcam evidence is much stronger than witness statements,. why would the courts not consider this to your knowledge? I am interested in understanding the type of court and their (lack of) thinking. Your insight is appreciated.

 

Here's how it works in practice here in New York: Major accidents, with millions in claims and severe injuries wind up in the courts, and their settlement can take a decade or more. And certainly if someone is killed or maimed there is a thorough and usually competent investigation.

Virtually all minor accidents - those with property damage - are processed between "no fault" insurance, where each person's insurance pays for the others' damages regardless of fault: If you were driving you share in the fault. You were there and you were not in control of your auto if you were involved in an accident. If the other car ran the stop sign, you were not in control if you could not avoid his hitting you. If he hit you in the side or in the rear, you may only be 20% responsible. You are only free of fault if your car was legally parked. There is virtually no "investigation" by insurers. They pay out and raise your rate. Dashcam evidence is moot. Insurers don't care about "who is at fault" in the majority of incidents. Why should they? Both your rates goes up, often 50% for five years.

Involvement in an accident assigns you "insurance points". These are different from points on your license. Few people have any knowledge of this system and only know that their bills increase, The points raise your rates. A win for insurance companies. They love it. When a driver is so obtuse that an insurer can no longer profit from his running into things, no one will sell him insurance and he is placed in a state-run "pool" that forces insurers to offer some State-subsidized premiums.

Without a serious injury there is no "investigation". You exchange driver information and put in a claim with your insurer. Many municipalities will not permit police to respond to an accident with no injuries. When police respond, a police officer can often choose or can refuse to file an "accident report" which is his opinion of the accident. It is reviewed usually by a superior officer who was not at the scene. Most reports cite BOTH drivers for "driver inattention". Usually you wait a week or two to see the report, for which you have to pay a fee unless you are on government "assistance". Many communities offer "Multicenters" who provide legal and translation services for "Underserved" residents.

Many New York municipalities have programs which provide free or "subsidized" insurance to those "needy" and "underserved" residents. These can be "victims of domestic violence," or those receiving Medicaid, such as "Newest Americans," who are here illegally "accepting" "Welcome America Aid". In many communities, such as New York City there is virtually no enforcement of insurance laws. If you are caught with no insurance or no license, you get a ticket and are sent on your way. Ignore your court date? You get pulled over and get another ticket. No arrests for misdemeanors or bench warrants. If you get hit by one of these uninsured mopes, your insurance will pay if you buy "uninsured coverage". Then your rate goes up because of the payout.

These practices apply to the dysfunctional "progressive" communities, usually run by a single political party forever. Geographically, most communities in the state are still well run and rules still matter. Most police are great guys who work very hard. There are conservative places under rule of law that still do the right things. By population, however, the most heavily populated cities are lawless and there is little enforcement, except for violations that bring cash into the huge government bilking the small working class that remains.

There are plenty of suburban police departments and village courts that are well run and come down hard on offenders. Your quality of life in New York depends on your address and how much money you have to throw at problems. Unfortunately, major laws are passed by the single party legislature and no matter where you live in the state, you either need deep pockets or you need to be completely on government dole.