- New York is a no-fault insurance state, meaning car accident victims must exhaust their Personal Injury Protection (PIP) coverage before filing a fault-based claim.
- Once your PIP coverage is exhausted, you can seek further compensation even if you were partially at fault for the accident.
- In New York car accidents, liable parties may include negligent drivers, vehicle owners, employers, government entities, mechanics, and manufacturers.
- In most cases, you must file your PIP claim within 30 days after an accident and your personal injury lawsuit within three years.
Since New York is a no-fault state, drivers who get hurt in a car accident must first seek compensation from their personal injury protection (PIP) auto insurance. This is often sufficient for minor accidents and doesn’t require proving fault. However, accident victims who have suffered serious injury or a basic economic loss over $50,000 can file an auto liability claim or personal injury lawsuit against the at-fault parties.
No matter the circumstances, our experienced New York car accident lawyers can help you understand your legal rights. You may be entitled to significant compensation. Call (716) 500-5678 or contact us online to schedule your consultation.
ON THIS PAGE
- When You Can Sue the Other Driver
- Proving Fault and New York Comparative Negligence
- Other Potential Defendants
- Filing a Claim With Your Own Insurance Company
- I Was Just a Passenger. Can I Still Sue After a Car Accident?
- How Long Do I Have To File a Car Accident Claim in New York?
- Richmond Vona Can Help With Your New York Car Accident Case
When You Can Sue the Other Driver
Under New York’s no-fault insurance law, you can only sue for compensation after a car accident if you suffered “serious injury” or basic economic loss over $50,000. Serious injuries include the following:
- Wrongful death
- Dismemberment
- Loss of fetus
- Significant disfigurement
- Fracture
- Permanent loss of the use of a body organ or function
- Serious limitation of use of a body system
- Permanent limitation of use of a body organ
- Non-permanent injury or impairment that prevents you from performing regular activities for at least 90 of the 180 days following the crash.
“Basic economic loss” includes necessary medical expenses, lost earnings from work, and all “reasonable and necessary” expenses incurred (max $25 per day for one year after the accident). If you lost a loved one in a fatal car accident, we can also help surviving family members seek accountability and compensation through a wrongful death lawsuit.
Proving Fault and New York Comparative Negligence
You must prove fault when seeking compensation through auto liability insurance or a personal injury lawsuit. This normally requires evidence that the defendant behaved negligently by failing to take reasonable care to avoid harming others. Important evidence may include:
- Police report
- Photographs
- Witness statements
- Medical records
- Surveillance/traffic camera footage
- Accident reconstruction reports
- Insurance documentation
Under the New York comparative negligence law, you can receive compensation even if you were partly responsible for the accident, but your compensation will be reduced in proportion to your degree of fault. For example, if you are 20 percent at fault and suffered $1 million in damages, you may collect $800,000 in compensable damages. To maximize your compensation, our legal team will push back against any wrongful accusations of fault.
Other Potential Defendants
In many cases, multiple parties may be liable for compensating you. Beyond the at-fault driver, liable parties in your case may include the following:
- Vehicle owner – Owners of vehicles involved in accidents can be held liable if they give the driver express or implied permission to use the vehicle.
- Employer – An employer may be held vicariously liable if the driver was on the job when the accident happened.
- Government entity – If a poorly maintained road or traffic signal contributed to the accident, the responsible government entity can be held liable.
- Mechanics – If faulty work by a mechanic led to the accident, they could be on the hook for compensating you.
- Vehicle manufacturer – You could pursue a product liability claim if a defective car part caused the crash.
Though cases involving multiple at-fault parties present multiple avenues toward compensation, they can also be legally and factually complex. Our legal team is here to navigate your case through the legal system while you focus on your recovery.
Filing a Claim With Your Own Insurance Company
Filing a claim with your own insurer after a car accident is sometimes necessary, depending on the situation. Again, New York drivers need to file a claim under their PIP coverage before turning to a fault-based claim.
Additionally, you may need to file under your uninsured/underinsured motorist (UM/UIM) coverage, which protects you when the at-fault driver’s insurance limits are too low to cover the full extent of your damages. It also covers you after a hit and run accident when the other driver cannot be located. Minimum UM/UIM coverage in New York matches minimum auto liability coverage:
- $25,000 for non-fatal injury per person ($50,000 per accident)
- $50,000 fatal injury per person ($100,000 per accident)
Your collision, comprehensive, and health insurance policies may also come into play after an auto accident. Our car accident lawyers have extensive experience negotiating with insurers. They can evaluate the insurance policies governing your case and ensure you leave no money on the table.
I Was Just a Passenger. Can I Still Sue After a Car Accident?
Yes, you can sue for damages as a passenger in a New York car accident. However, you must still exhaust available PIP benefits designed to provide speedy compensation without filing a lawsuit. Once PIP benefits are exhausted, you can seek compensation through a fault-based claim.
How Long Do I Have To File a Car Accident Claim in New York?
You should file any insurance claims soon after your accident to avoid missing deadlines, which can compromise your coverage. For example, PIP claims must be filed within 30 days after an accident.
Further, the New York personal injury statute of limitations normally gives you three years to file a lawsuit seeking compensation after an accident. Though certain exceptions may apply, failure to file before the correct deadline will result in your case being dismissed in court.
Time is of the essence after a car accident. In addition to missing deadlines, waiting to seek legal representation can mean losing crucial evidence. Reach out to our legal team as soon as possible after being involved in a car accident.
Richmond Vona Can Help With Your New York Car Accident Case
You deserve a legal team that fights for you at every turn and provides the personalized attention you need during this challenging time. Our New York personal injury lawyers bring extensive experience and a steadfast commitment to securing the best possible outcome for our clients, whether through skilled insurance negotiations or aggressive representation in court. Call (716) 500-5678 or contact us online to learn more in a free, no-obligation consultation.
