New York Car Accident Compensation Laws

New York state laws can make recovering all your losses after a motor vehicle accident difficult. New York is one of the few no-fault car insurance states. After a car accident, victims must file claims with their own insurance companies before taking any legal action. Along with the no-fault insurance requirements, New York uses a pure comparative negligence rule, giving both drivers a chance at recovering in a personal injury case.

If you need to make a car accident claim or a personal injury lawsuit, it's best to consult a car accident lawyer and brush up on New York's car accident compensation laws.

New York Car Accident Laws

New York is a no-fault state. Drivers must carry their own personal injury protection coverage and file claims with their own insurance companies after an accident. New York drivers must also have liability insurance if another driver sues them. The minimum insurance coverage is:

• Liability Insurance: $25,000 bodily injury per person/$50,000 bodily injury per accident
• Uninsured/Underinsured Motorist: $25,000 per person/$50,000 per accident
• Personal Injury Protection (PIP): $50,000 per person
• Property Damage Liability coverage: $10,000 per accident

These are maximum insurance policy limits, the total your company will pay for your injuries or another driver's claim.

To make a claim against the other driver, you must have suffered a "serious injury." A serious injury means you suffered a:

• Broken bone
• Total disability for more than 90 days
• Disfigurement
• Limitation of use of a body organ or function

Your PIP insurance will not pay for pain and suffering and other non-economic damages. If you can file a "serious injury" claim, you can request these other damages.

Comparative Negligence

New York is a pure comparative negligence state. In most auto accident cases, drivers may share some of the responsibility for the accident. One driver may be more at fault, for instance, a driver speeding and running a red light versus a driver a few feet too far into the intersection.

Under pure comparative negligence, at-fault drivers can still recover damages, but their percentage of fault reduces the amount of their recovery. For instance, if you are 20% at fault, you can still recover 80% of damages in your case.

Damages and Limits

In a car accident lawsuit, "damages" means the economic losses you suffer due to the collision. Like most states, New York divides damages into two categories.

Economic damages are tangible losses calculated with accident reports and medical records. Economic damages include:

• Medical bills, including future treatment costs
• Lost wages and income
• Out-of-pocket losses

New York's no-fault insurance law does not apply to vehicular damage. Drivers may file claims for damage or loss of the car directly against the other driver.

Non-economic damages are subjective damages that are less easily tabulated. These damages include:

• Pain and suffering
• Emotional distress
• Loss of consortium
• Wrongful death

New York does not have any laws prohibiting punitive damages. If a driver's conduct was particularly reckless or malicious, you can request punitive damages in a personal injury claim.

Limits

New York has no statutory caps on any damages. The only restrictions are policy limits and proof of injury.

Accident victims have a limited amount of time to file a claim. New York's statute of limitations is three years from the date of the accident. There are a few exceptions to this time limit, so you should discuss your case with an attorney as soon as possible.

Get Legal Advice from a New York Personal Injury Lawyer

New York's no-fault insurance requirements can make filing an insurance claim difficult. If you're dealing with a personal injury case, get legal advice from an experienced New York car accident attorney to protect your rights and compensation.