New York is a no-fault state when it comes to car accidents. This means that after a crash, you file a claim with your own insurance company. However, if your injuries meet a certain threshold, you may pursue a claim against the other driver.
This distinction can make all the difference in your recovery, and understanding where your case fits can help you avoid financial strain after an accident.
What’s the legal standard?
It isn’t just about being hurt. New York law clearly defines what counts as a serious injury. This includes broken bones, disfigurement, permanent loss of use or function of a body organ and injuries that prevent you from performing your normal daily activities for at least 90 days within 180 days after the crash.
If your injuries qualify, you can step outside the no-fault system and bring a claim against the party responsible for the crash.
Why this matters
By filing a car accident claim, you’re no longer restricted to the limited benefits your policy provides. You can seek compensation for medical expenses that exceed your personal injury protection (PIP) coverage as well as lost wages, diminished earning capacity and the pain and suffering you suffered. This can ease the heavy financial and emotional toll that follows a crash, especially if your injuries are long-term or permanent.
Get legal guidance
There are many moving parts in a car accident claim, and trying to handle everything alone can be daunting. From proving the other party’s fault and showing that your injuries meet the legal requirements to calculating your damages and negotiating with insurers, every step requires careful attention.
Working with someone who understands the intricacies of New York’s personal injury laws can help protect your interests and put you in the best position to secure the compensation you need to move forward.