Navigating the aftermath of a car accident in New York can be overwhelming, especially when it comes to understanding and filing a claim. Whether you’re dealing with minor injuries or facing significant damages, being armed with the right information is crucial. You can click here to seek the legal assistance of a personal injury lawyer to understand more about car accident claims in New York.
Anyway, here are five essential facts you should know about car accident claims in the Empire State.
- New York is a No-Fault State
New York operates under the no-fault insurance system. This means that after an accident, your own car insurance policy pays for medical expenses, lost earnings, and other incidental costs, regardless of who caused the accident. In fact, the no-fault system aims to reduce the number of lawsuits for compensation related to car accidents. However, for more severe injuries, you may step outside the no-fault system and file a lawsuit against the at-fault driver.
- The Serious Injury Threshold
To pursue a personal injury lawsuit against the at-fault driver in New York, your injuries must meet the state’s “serious injury” threshold. This includes significant disfigurement, bone fractures, permanent limitation of use of body organs or members, significant limitation of the use of a body function or system, or substantially full disability for 90 days. Meeting this threshold allows you to seek compensation beyond what is available through your no-fault insurance, including pain and suffering.
- Statute of Limitations
In New York, the statute of limitations for filing a car accident claim is generally three years from the date of the accident for personal injury and two years for wrongful death. Remember, failure to file within this period could result in the loss of your right to sue. However, claims against government entities require a notice of claim within 90 days of the accident, with shorter deadlines for filing a lawsuit.
- Comparative Negligence Law
The state follows a “pure comparative negligence” rule. If you’re partially at fault for the accident, your compensation might be reduced by your percentage of fault. For example, if you’ve found 20% at fault for an accident and your damages amount to $100,000, you would only receive $80,000. This law ensures that even if you’re partly to blame, you can still recover some compensation for your losses.
- Settlement Negotiation and Litigation
Most car accident claims in New York are settled out of court. Insurance companies often prefer to negotiate a settlement to avoid the costs and uncertainties of a trial. However, if a satisfactory agreement cannot be reached, your case may go to trial, where a judge or jury will decide the outcome. Having an experienced attorney can significantly influence the negotiation process and the trial’s outcome, should it reach that stage.
