New York Car Accident Lawyers

Can I Recover Compensation For My Car Crash Injury?

If you were injured in a car crash, you may be able to take legal action. However, this is something you should discuss with an experienced attorney. Every traffic accident is unique, and there are often many factors that determine whether or not you have a case.

The New York car accident lawyers at our firm understand how confusing the legal process is. We are here to help guide you through it. While we are committed to seeking full compensation for your damages, we are also here to support you throughout the legal process.

We represent victims of many different types of car accidents, including:

• Head-on crashes
• Rear-end accidents
• Multi-vehicle crashes
• Motorcycle crashes
• Hit-and-run accidents
• Rollover crashes
• T-bone crashes
• Side-impact crashes
• High-speed accidents
• Pedestrian accidents

What is the Legal Process After a New York Car Crash?

New York is a no-fault state, so crash victims may seek compensation from their insurance policy no matter who caused the collision. Your personal injury protection (PIP) insurance, or no-fault benefits, provide compensation for economic losses, such as:

• Medical expenses for treating your car crash injuries
• Lost earnings (80 percent of your lost earnings with a maximum of $2,000 per month for three years)
• Reasonable and necessary expenses related to the injuries you suffered ($25 per day for one year from the date of the crash)

You should not assume the insurance company will treat you fairly because you are seeking compensation from your own policy. You can still greatly benefit from hiring an experienced, results-oriented lawyer to manage your claim.

Our New York car accident lawyers have obtained millions on behalf of auto accident victims.

Filing a Claim Against Another Driver’s Insurance

Another consideration is the severity of your injuries. If your damages exceed the limits of your insurance policy, you may be able step outside of the no-fault system to file a claim directly against the at-fault driver.

All drivers in the state are required to purchase a minimum amount of liability insurance for these situations:

• $25,000 for bodily injury that does not result in death
• $50,000 for any injury that causes death
• $100,000 for injuries causing the death of two or more people in one accident

What Damages Can I Seek Compensation for?

This type of claim would allow you to seek compensation for pain and suffering, which is not covered by the no-fault system. However, you cannot file a third-party claim unless your injury fits the definition of a serious injury under state law. A serious injury includes one of the following:

• Fractures
• Dismemberment
• Permanent lost use of a body organ
• Significant disfigurement
• Loss of a fetus
• Death

Proving Negligence

To seek compensation from an at-fault driver, you and your attorney will need to prove the other party was negligent. Typical examples of motor vehicle negligence include, but are not limited to:

• Distracted driving (e.g. texting and driving)
• Driving under the influence of alcohol
• Driving while impaired by drugs
• Speeding or other types of reckless driving
• Tailgating or following others too closely
• Failing to obey traffic signs and signals
• Improper lane changes
• Weaving in and out of traffic lanes
• Failing to yield the right of way
• Driving while fatigued or drowsy
• Neglecting tires, brakes and other vehicle maintenance
• Inexperienced or unlicensed driving

Contact our law firm for a free case review where you can find out if you have legal options. There is also no obligation to hire our services following this meeting.

We need to gather evidence to prove your claim and establish the other driver breached a duty of care. We also need to prove that this breach led to the accident and directly caused your injuries. The evidence we need may include:

• Police or accident report
• Credible witness statements
• Expert witness testimonies (medical experts, accident reconstructionists, etc.)
• Pictures of injuries, the crash scene and vehicle damage
• Medical records related to the crash and any treatments you received
• Tracking medical bills, lost wages and other costs related to the crash
• Dash cam or traffic surveillance video footage, if available

Compensation for a New York Car Accident Case

Crash victims may be able to seek compensation for various damages, including:

• Medical expenses: Any costs related to the crash, including hospitalization, surgery, diagnostic tests, prescription medication and more.
• Medical supplies: Medical equipment used to aid your recover, such as a wheelchair, neck brace or crutches.
• Loss of income: You may be eligible for lost wages if you were unable to work while recovering.  
• Loss of earning capacity: This is the difference in what you can earn at work after the accident compared to before the accident.

Some crash victims may be eligible to seek non-economic compensation, also called pain and suffering. Pain and suffering can include:

• Physical pain from your injuries
• Emotional distress
• Reduced enjoyment of life
• The psychological effect of permanent injuries or scars.
• Loss of consortium, which refers to damage to your relationship with your spouse

What If I Am Partially at Fault for the Crash?

Never admit fault to anyone at the crash scene or to the insurance company. Let crash scene investigators do their job. Your attorney will dispute any fault that is unfairly assessed against you. That said, even if you are partially at fault for the crash, you may still be able to seek some compensation for your damages.

New York follows a pure comparative fault model. This means victims can seek compensation for damages even if they are 99 percent at fault. Your compensation award, however, will be reduced by your percentage of fault. For example, if a victim would have received $100,000 but is 20 percent at fault, their award would be reduced to $80,000.

What if the Other Driver is Uninsured?

If you discover the at-fault driver is uninsured, you may still have legal options. In this situation, you would seek compensation against the uninsured motorist coverage in your own insurance policy. In New York, uninsured motorist coverage is mandatory in every car insurance policy. Hit-and-run collisions are a common usage for this coverage.

Does New York Have Deadlines for Filing a Lawsuit?

In New York, car crash victims have three years from the car crash date to file a lawsuit. If the victim is under the age of 18, the three-year clock does not start running until the victim’s 18th birthday.