On Behalf of Simon & Gilman, LLP | Feb 1, 2022 | Motor Vehicle Accidents |
Motor vehicle accidents cause injuries ranging in severity from minor to death, and financial strain is a common side effect.
According to U.S. News and World Report, New York City is the fourth most congested city in the country. If you suffered an injury from an auto accident in New York through no fault of your own, there are two laws you should understand if you plan to file a claim.
No-fault insurance
New York is a no-fault state, which means drivers have personal injury protection insurance. In the event of a car accident, your PIP insurance covers all your losses, including medical bills, lost wages, and any other out-of-pocket expenses. However, you may sue an at-fault driver if you sustained serious injuries in the accident.
Comparative fault
New York is one of only 13 states to operate under the law of pure comparative fault. This law dictates the amount of compensation that each driver may receive in a personal injury case based on the percentage of fault each one carries. For example, if a jury or insurance adjuster finds you 40% at-fault for an accident after awarding you $10,000 in compensation, you only receive $6,000.
In New York, the deadline to file a lawsuit for an auto accident is three years from the date that it happened. You have the right to seek compensation for more than just your financial losses. With injury comes pain and suffering, which is quantifiable in a motor vehicle accident case where the injuries suffered qualify as serious under New York law.
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