If you were hurt in a car accident in New York, you will need to quickly take steps to seek compensation for your injuries and other damages. The car accident compensation process in New York State is simplified for those who only need to file a no-fault claim, (as may be the case for a person who only went to an emergency room or urgent care to rule out serious injury,) but it quickly becomes more complex if there are serious injuries that will require more extensive and ongoing treatment
Having a Long Island car accident lawyer on your side during this process makes it more efficient and effective while also giving you peace of mind. Our injury law firm provides free consultations for those hurt in a collision on Long Island or elsewhere in the greater New York City area.
- Understanding New York’s No-Fault Insurance System
- How Does New York Law Define Serious Injuries?
- Filing a Claim: What to Do After Your Car Accident
- What Types of Compensation Are Available in a Car Accident Case?
- What Can I Do to Protect My Rights Throughout This Process?
- Discuss Your New York Car Accident Claim With Our Team
Understanding New York’s No-Fault Insurance System
New York is a no-fault insurance state. State law requires drivers to carry Personal Injury Protection (PIP) insurance coverage, which pays for medical expenses, a portion of lost income, and other out-of-pocket costs. This coverage pays regardless of who was at fault for the crash. Some things to remember about this coverage include:
- It is mandatory. All drivers must carry $50,000 in PIP coverage to pay for their own injuries and damages after a crash. (Don’t worry if you didn’t specifically choose this coverage when you obtained car insurance. Every car insurance policy in New York State includes this coverage.)
- It pays for more than the driver. PIP benefits are available to drivers, passengers, pedestrians, and cyclists injured in a collision.
- It limits lawsuits. You cannot sue the at-fault driver after a crash unless your injuries meet the serious injury threshold defined by state law.
- It only pays to policy limits. If your costs or losses exceed this coverage, you will need to pursue other options. This could include filing a fault-based case against the other driver.
- You cannot recover non-economic damages from No-Fault Insurance. PIP coverage does not include money for your pain and suffering or other non-economic losses.
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How Does New York Law Define Serious Injuries?
To step outside the no-fault system and file a lawsuit against the at-fault party, you must meet the serious injury threshold. According to New York Insurance Law § 5102, a serious injury includes:
- Wrongful death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Significant loss of use injuries
- An injury or impairment that stops you from performing your typical daily activities for at least 90 days within the first six months after the accident
A car accident attorney will assess your case to determine if they believe you meet the criteria to file a lawsuit or seek fault-based compensation in your case.
Filing a Claim: What to Do After Your Car Accident
The steps you should take after a crash, regardless of fault and severity of injuries, include:
- Report the Accident: New York Vehicle and Traffic Law § 600 requires you to report any accident that results in injuries, death, or property damage over $1,000. Even if your injuries are minor, you should report the crash.
- Notify Your Insurance Company: To use your PIP benefits, you must notify your insurance company as soon as possible. Failure to do so could jeopardize your compensation claim.(We provide this service for clients who retain our services.)
- Talk to an Attorney: Call a lawyer for a case assessment and learn how they handle cases similar to yours, including seeking fault-based compensation when possible.
- Submit a No-Fault Claim: File a no-fault claim with your own insurance company for PIP benefits. They will cover medical expenses, a percentage of your lost income, and some other expenses. (We provide this service for clients who retain our services.)
- Determine Fault and Liability: If you have serious injuries, your attorney will work to establish liability and show negligence occurred. This requires showing that the other driver owed you a duty of care, they breached that duty, their breach caused the accident, and that you suffered harm.
- File a Lawsuit, If Necessary: Under some circumstances, your lawyer will file a personal injury lawsuit on your behalf. Under New York Civil Practice Laws & Rules § 214, you have a limited time to do so. Your attorney will ensure you meet the deadline as long as they know about your case in time. It is important to note that a shorter statute of limitations and other time restrictions may apply to your case. Call us to find out exactly what deadlines you face and what your best options for legal action are.
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What Types of Compensation Are Available in a Car Accident Case?
The types of damages recoverable in a New York car accident claim depend on the type of claim you file. In general, PIP claims can only recover economic damages based on the policy coverage. Liability claims, based on the at-fault driver’s coverage, provide both economic and non-economic damages.
Economic Damages
These are the expenses and losses (and future costs) that victims recover through negotiation or litigation:
- Medical expenses
- Lost wages and other income
- Property damage
- Out-of-pocket costs
Non-Economic Damages
These are the intangible losses experienced by accident victims because of their injuries and treatment. They are only available in fault-based claims or lawsuits. They include:
- Pain and suffering
- Emotional distress
- Diminished enjoyment of life
- Other intangible losses
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What Can I Do to Protect My Rights Throughout This Process?
Knowing what to do after a collision can help you protect your rights and make it easier to navigate the New York car accident compensation claims process when the time comes. Consider these steps to protect your rights and build a stronger case:
- Seek Immediate Medical Attention: Getting immediate treatment not only ensures you get a diagnosis and treatment for any injuries but also provides documentation to support your claim.
- Hire an Attorney: A personal injury lawyer will determine your options, navigate the legal process, gather evidence, and negotiate with insurers on your behalf while you focus on your well-being.
- Avoid Speaking to the At-Fault Party’s Insurer: Let your attorney handle all communications about the case to avoid saying or doing anything that could cause them to reduce or deny your claim.
- Keep Records: Maintain files of medical bills, income statements, receipts, and other expenses related to the accident.
Discuss Your New York Car Accident Claim With Our Team
Car accident compensation claims in New York can be complex, but our car accident attorneys will help you understand your rights and options. If you suffered injuries in a crash, contact Friedman & Simon Injury Lawyers L.L.P., today for a free consultation. We want to discuss your case with you and offer our insight. Our team meets with injury victims hurt on Long Island or elsewhere in the New York metropolitan area.
Call today to get started.
Call or text 516-932-0400 or complete a Free Case Evaluation form