Why Trust This Analysis
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Rear-end collisions are among the most common types of motor vehicle accidents on New York roads. When you’re the driver who strikes the vehicle in front of you, the law creates what’s called a “presumption of negligence” — meaning you’re assumed to be at fault unless you can prove otherwise. This presumption exists because drivers have a fundamental duty to maintain a safe following distance and control their vehicle. If you’re dealing with a no-fault insurance defense matter, an experienced attorney can help protect your rights.
However, the legal system recognizes that not every rear-end collision results from driver negligence. Sometimes mechanical failures, weather conditions, or the unexpected actions of other drivers create unavoidable situations. Understanding what constitutes a valid “non-negligent explanation” is crucial for drivers facing liability in these cases, as it can mean the difference between being held responsible for damages and successfully defending against New York no-fault insurance claims.
Jason Tenenbaum’s Analysis:
So you rear-end somebody in an MVA. Many of us have done it or will do it. Consider it the law of averages. You now are the defendant in a lawsuit, and have been told that the act of rear ending another vehicle raises an inference of negligence, and that you must provide a “non-negligent” explanation for what happened. What is a non-negligent explanation?
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Napolitano v Galletta ,2011 NY Slip Op 05243 (2d Dept. 2011)
The Second Department has somewhat answered that question. “A non-negligent explanation may include evidence of a mechanical failure, a sudden stop of the vehicle ahead, an unavoidable skidding on wet pavement, or any other reasonable cause”
Key Takeaway
The Napolitano v Galletta decision provides important guidance for rear-end collision defenses in New York. Mechanical failures, sudden stops by the lead vehicle, unavoidable skidding on wet pavement, and other reasonable causes can serve as valid non-negligent explanations. The key is providing concrete evidence that the collision resulted from circumstances beyond your reasonable control, rather than inattentive or careless driving.
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Legal Update (February 2026): Since this 2011 analysis, New York’s Vehicle and Traffic Law provisions regarding following distance and rear-end collision liability may have been subject to regulatory updates, and court interpretations of “non-negligent explanations” in rear-end cases have continued to evolve through subsequent appellate decisions. Additionally, no-fault insurance regulations and fee schedules have undergone multiple revisions that may affect claim procedures and coverage determinations. Practitioners should verify current statutory provisions and recent case law developments when advising clients on rear-end collision liability and available defenses.
Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a no-fault matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
