Most New York car accident cases don’t turn into personal injury lawsuits. That’s because New York is a “no-fault" state. This means that for most accidents, the issue of fault never comes up at all.
Instead, your insurance company covers your losses, and the other driver’s insurance company covers theirs. Those losses include property damage, medical bills, lost wages, and other expenses arising from the accident. You each have thirty days to file your claim, though we never recommend waiting. If you were a passenger in that car or a pedestrian hit by that car you can file with the insurance company covering the vehicle you were riding in or the vehicle that hit you.
This keeps New York state insurance rates low, but that doesn’t mean there aren’t some claims that don’t turn into lawsuits.
Who Can Sue For a Car Accident in New York?
You can sue for damages exceeding a no-fault policy. These are accidents that resulted in death, dismemberment, disfigurement, loss of a fetus, permanent loss of a body organ or function of a bodily system, bone fractures, or an accident resulting in total disability for 90 days or more. This gives you the right to sue for any money your insurance policy won’t pay due to policy limits, as well as for your pain and suffering. Your policy automatically has to provide at least $50,000 of no-fault benefits.
If this describes your accident then you should contact our office right away. The earlier you involve a NYC car accident attorney the more likely you are to win your lawsuit. Rest assured the other driver’s insurance company is going to respond by trying to state that the accident was your fault, and will fight to avoid having to pay you even a single dime.
What happens if you get into an accident with an uninsured driver? Well, your policy pays you and they’re out of luck.
If you were a pedestrian or a cyclist hit by an uninsured vehicle you can seek compensation with the New York State Motor Vehicle Accident Indemnification Corporation.
Get Help Today
If you’ve been injured in a car accident that’s serious enough to meet New York’s no-fault threshold then reach out to our law office today. We’ve recovered over $1 billion for our clients, and we can help you recover compensation for your injuries, as well.