In New York, options for getting compensation are limited by the issue of fault. New York is a no-fault insurance state, so anyone injured in an accident must typically turn first to their own insurance company to get compensation for medical bills, lost income, and other financial losses, regardless of who was at fault in the accident. But in cases where damage and injuries are significant, it is possible to bring claims against another driver who caused the crash.
When You Can File a Claim
If you sustain injuries in a crash that are severe and permanent, you may be able to file a claim against the other driver’s insurance, or possibly a lawsuit. You may sue for personal injury losses including:
- Medical expenses and other economic losses exceeding $50,000
- Injury that results in significant disfigurement, a fracture, or broken bones
- Permanent impairment of use of a body organ or limb
- Substantial limitation of a body function or system
- Substantively full disability for 90 days
- Injury resulting in death.
In these situations, you may also be able to file claims against the other driver for not only economic damages -- calculable expenses, like lost wages, medical bills or car repair -- but also for non-economic damages such as pain and suffering and loss of life’s enjoyment.
Comparative Negligence
To be able to collect on additional claims, you will have to prove the other driver is at least partially at fault. This is because New York is a pure comparative negligence state and considers how much each driver was at fault in contributing to the accident.
If the other driver is found to be totally at fault, you will be awarded compensation to cover the losses you suffered. However, if you were partly at fault for the crash, the judge or jury will compare fault, calculate percentages of fault for each driver, and award damages accordingly. For example, if you have incurred $100,000 in damages in a crash, but you are found to be 30% percent at fault, you can receive only 70% of your damages, or $70,000.
This comparative fault rule in New York applies even if you were the one who was more at fault. If you were 70% at fault, you are still technically entitled to 30% of your damages, but you will be responsible for 70% of the other driver's damages. The comparative fault rule is applied not only by judges and juries, but by insurance claims adjusters who evaluate your case.
The New York Statute of Limitations
If you are considering bringing a lawsuit against another driver, be aware that New York has a "statute of limitations" -- a time limit for when you can file a claim. Unless some rare exception applies to extend the deadline, you have three years from the date of the crash to get your car accident case started in the New York court system.
In addition, you must file a report, MV-104, with the Department of Motor Vehicles (DMV) if property damage to one driver exceeds $ 1,000 or if anyone is injured or killed within 10 days after the accident; if you fail to do this, your driver's license may be suspended.
If You are in an Accident
Because fault is so relevant in getting compensation for damages, if you are injured in a crash, it is essential that you not volunteer any information about who was to blame for the accident. Anything you say to the police or the other driver can be used against you later and prevent you from getting adequate compensation. While you should cooperate with the police officer investigating the case, do not agree to pay for damages or sign any documents except a traffic ticket.
You are required to report a crash within 30 days to your insurance company to claim no-fault benefits. However, because insurance companies will attempt to get you to accept the lowest settlement possible, it makes sense for car crash victims who have substantial damages to contact an experienced New York personal injury lawyer before speaking to an insurance company.
Many lawyers offer free consultations and will accept auto accident cases on a contingency basis, taking a percentage of the settlement if they win the case and nothing if they lose.
