Rosenbaum Personal Injury Lawyers | October 4, 2024 | Car Accidents

When another driver causes a car accident in Brooklyn, that driver might be held financially liable for damages. However, New York has a no-fault insurance system that can impact how much you receive for a car accident settlement in Brooklyn, NY. This blog discusses the factors that determine how much to expect from a Brooklyn car accident settlement, including how no-fault insurance laws impact your case.
New York’s No-Fault Insurance System for Car Accidents in NYC
New York requires drivers to purchase several types of car insurance coverage: no-fault insurance coverage, liability insurance, and uninsured motorist insurance. No-fault insurance is referred to as Personal Protection Insurance or PIP.
Your PIP insurance coverage pays up to $50,000 in basic economic losses regardless of who is at fault for the car accident. Therefore, your first insurance claim after a car crash in Brooklyn is with your car insurance provider. The amount your insurance company pays depends on the amount of your economic damages and the seriousness of your injuries.
If you did not sustain a serious injury, your no-fault insurance should cover your medical bills and up to 80% of your lost income up to your policy limits of $50,000. However, if your economic damages exceed your PIP limits or you sustained a serious bodily injury, you may have a claim against the at-fault driver.
Filing a Car Accident Claim Against the At-Fault Driver in New York City
If your expenses exceed your PIP limits of $50,000, you can file a claim against the at-fault driver’s liability insurance policy. The insurance company would be liable for your medical bills and lost wages exceeding your PIP coverage.
If you sustained serious bodily injury, the company might also be liable for non-economic damages. Non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Diminished quality of life
- Emotional distress
- Impairments and disabilities
- Mental anguish
However, you must prove that the other driver caused the accident to recover compensation from their liability insurance company. The insurance company may dispute your claim or your damages. If the company refuses to accept liability or pay a fair amount, you may need to file a personal injury lawsuit to pursue the claim.
Even though you file a lawsuit, it does not guarantee winning or receiving the amount you believe your damages are worth. Many factors may impact how much you can expect to receive for a car accident settlement in Brooklyn.
Nine Factors That Impact the Value of a Car Accident Settlement in Brooklyn, NY
Numerous factors impact how much a car accident case is worth in Brooklyn. Examples of those factors include:
Your Statements After the Accident
Even though New York is a no-fault state for car accident claims, injured victims may still have a personal injury claim against the other driver or a third party. However, your statements after the accident could negatively impact the outcome of your case.
Never admit fault for causing a car accident, including saying you are sorry or apologizing for the accident. If you imply that you could be partially at fault for causing the accident, it could significantly reduce how much you receive in compensation for damages.
Prompt Medical Treatment
Always seek prompt medical treatment after a car accident. Delays in medical care could make it difficult to prove that the car accident caused your injuries. Furthermore, delays in care could result in complications or impairments. You might not be entitled to compensation for injuries that you caused because you failed to seek prompt medical attention after a car accident.
Your Out-of-Pocket Expenses and Financial Losses
Economic damages from a car accident include, but are not limited to:
- Medical bills and expenses
- Lost wages and income
- Personal care and household services
- Rehabilitative therapies
- Travel to and from medical appointments
- Medical devices and supplies
- Over-the-counter medications and prescription medications
If your economic expenses exceed your PIP coverage, you might have a claim against the other driver for all financial losses. Keeping track of all financial losses can increase the value of your personal injury claim.
Whether You Sustained Serious Injuries
As discussed above, if you sustained serious injuries, you could file a lawsuit against the other driver for economic and non-economic damages. The difference between being limited to PIP coverage and having a claim against the other driver can significantly increase how much you receive after a car accident.
The Availability of Insurance Coverage and Policy Limits
Even if you sustain serious injuries, the other driver might be uninsured or have minimum car insurance coverage. If so, there might not be enough money available from liability insurance to pay for your damages in full. An experienced Brooklyn car accident lawyer investigates to determine if other sources of compensation may be available, such as underinsured motorist coverage or third-party claims.
The Parties Involved in the Case
The parties involved in your case could impact how much you receive for your claim. An individual or company with more resources could afford to pay more to settle the claim or satisfy a judgment in a car accident lawsuit. For example, a trucking company has higher coverage for insurance claims, and they have more resources than the average driver who is sued for a car crash.
Your Liability for Causing the Car Accident
New York is a pure comparative fault state for car accident claims. If you are partially to blame for causing your accident, a judge can reduce the amount of damages you receive by your percentage of fault. Therefore, if a jury decides you are 45% at fault for the car accident, your money is reduced by 45 percent. As mentioned above, never admit fault for a car crash before consulting a Brooklyn personal injury lawyer.
The Strength of the Evidence Proving Fault
You have the burden of proving that the other driver caused the car crash. Potential evidence in a car accident case could include:
- Video of the collision from a traffic camera or other source
- Photographs of the accident scene
- Physical evidence from the scene and the vehicles
- Statements made by the accident victims and drivers
- Testimony from eyewitnesses and bystanders
- Opinions from accident reconstructionists and other experts
Your attorney thoroughly investigates to gather evidence to build a strong case against the other driver. They also determine if third parties could have contributed to the cause of the crash, such as bicyclists, pedestrians, government entities, vehicle manufacturers, and repair shops.
Whether You Developed Permanent Impairments
The value of a personal injury claim usually increases as the severity of the injuries increases. For example, a case involving a spinal cord injury that results in complete paralysis results in more pain, suffering, and financial losses than a case involving a sprained ankle.If you sustain a permanent impairment or disability, you could be entitled to future damages for ongoing medical and personal care. You may also receive compensation for diminished quality of life and reduced earning capacity.
Contact Our Car Accident Law Firm in Brooklyn
If you’ve been injured in an accident in Brooklyn, and need legal help, contact our Brooklyn car accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Manhattan, NY and the Bronx.
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339