If you are injured after a car accident in New York, the last thing you need is to have to navigate the state’s complex system for accident claims. New York car accident compensation laws are complex and unlike what most other states have in place.
As a “no-fault” state, there could be roadblocks in front of you that limit your legal options. The good news is that with our firm in your corner, you might be able to avoid the limitations of the no-fault system and pursue legal action against the driver that caused your crash.
“No-fault” Rules Could Limit Your Compensation
The state’s no-fault insurance laws are governed by New York Insurance Law § 5101 et seq. This series of statutes spells out the rules regarding your legal rights following a motor vehicle accident.
Under this set of statutes, drivers in New York must carry first-party insurance coverage. This no-fault insurance is designed to cover a driver’s medical bills and lost wages in the event of an accident. These policies earned their name from paying benefits no matter who was responsible for the collision.
No-fault insurance is designed to provide motorists with fast access to compensation for their medical debts. While this immediate help is beneficial, these policies will not cover many of the losses related to a motor vehicle accident.
You May be Barred From Filing a Lawsuit and Seeking More Compensation
What’s more, the statute prevents drivers from filing suit against the at-fault party in many cases. If you are limited to no-fault insurance, you may not be able to recover certain damages.
The Law Could Allow You to Pursue a Civil Lawsuit
While there are limits on the types of damages available through a no-fault insurance claim, you might have other options for securing fair compensation. A personal injury lawsuit against the negligent party could result in compensation for certain damages you may not receive through an insurance claim.
Generally, no-fault rules prevent motorists from pursuing personal injury lawsuits after an accident. There are exceptions to this rule that could allow you to pursue legal action against the at-fault party, though.
In New York, there is something known as the “serious injury threshold.” If you meet this threshold, you have the right to pursue a lawsuit after a car accident. A serious injury could be any number of things, including broken bones, the loss of a fetus, or even death. Alternatively, you could pursue a lawsuit if your medical bills are more than $50,000.
The Statute of Limitations Could Put Your Compensation at Risk
Another New York law that could directly impact your personal injury case is the statute of limitations. The statute of limitations in New York serves as the legal deadline for all lawsuits. If your case is filed after the expiration of the statute of limitations, you can expect the court to dismiss it with prejudice in most cases.
In New York, the statute of limitations for car accident cases is governed by CVP § 214. According to the statute, you generally have three years from the date of the accident to file your personal injury lawsuit.
The consequences of not complying with the statute can be steep, which makes it critical that you discuss your options with us and we get to work.
State Law Could Allow Financial Recovery Even if You were Partially at Fault
New York has adopted a legal standard known as “pure comparative negligence.” With this standard, a motorist that meets the serious injury threshold could be entitled to pursue a lawsuit and recover compensation even when they were partially at fault for causing the accident.
In some states, sharing any degree of fault would bar you from any recovery whatsoever. In New York, pure comparative negligence laws simply limit your recovery to the degree of your fault. For example, if you were 10 percent at fault for an accident, any damages you suffered would be reduced by 10 percent.
This allows you to pursue fair compensation based on the other party’s negligence, even if you were partially to blame. It is worth noting that in these cases, the other driver would also have the option to pursue a claim against you as well.
Learn how the Law Could Impact Your Financial Recovery During a Consultation with a Team Member
It is difficult to navigate New York car accident compensation laws on your own. From the statute of limitations to the pure comparative fault rule, it is important to understand these laws before pursuing your own personal injury case.
Thankfully, you do not have to take on the challenge of a personal injury case on your own. The Law Office of Cohen & Jaffe, LLP is ready to guide you during your pursuit of fair compensation. To learn about your legal options, call (516) 358-6900 for a free consultation.
For a free legal consultation, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.