Rosenbaum Personal Injury Lawyers | November 11, 2024 | Car Accidents
New York is a no-fault accident state, but what does that mean? New York is a no-fault auto insurance state in the sense that in most accidents, you can (and must) rely on your own auto insurance to pay your medical bills and lost earnings. As with just about any issue involving the law, however, it gets a lot more complicated than that. This post delves into some of the nuances.
New York’s Mandatory Auto Insurance Requirements
New York requires all drivers with cars registered in New York to purchase:
- $50,000 in personal injury protection (PIP) insurance.
- $25,000 in bodily injury liability insurance per person and $50,000 per accident.
- All New York drivers must purchase at least $10,000 in property damage liability insurance. Since this is liability insurance, it doesn’t pay for the at-fault driver’s property damage, only the plaintiff’s property damage.
There are other forms of optional insurance that you can purchase–collision insurance, for example, which covers damage to your car no matter who was at fault. You can also purchase more than the mandatory minimum amount of PIP insurance.
What Does PIP Pay For?
Under New York’s no-fault insurance law, all drivers are required to carry at least $50,000 in Personal Injury Protection (PIP) coverage. This insurance helps cover your own medical expenses and 80% of lost wages, up to $2,000 per month for a maximum of three years.
When Can You File a Lawsuit Against an At-Fault Driver?
The New York no-fault car accident system does not apply when your injuries are “serious,” as New York law defines the term “serious.” Instead, the law reverts to a fault-based system where you can sue the at-fault driver immediately. A “serious” injury means:
- Death or loss of a fetus
- Dismemberment
- Disfigurement
- Bone fracture
- Permanent loss of use of a body part or system
- Permanent limitation of use of a body part
- A non-permanent injury that prevents you from performing almost all of your usual daily activities for at least 90 days during the six months after the injury occurs.
In all of these cases, you can sue the at-fault driver or file a third-party claim against their liability insurance policy.
Damages in Case of a “Serious” Injury
As listed above, damages in no-fault car accident cases are meager–only a portion of your lost wages and perhaps only a portion of your medical expenses because of maximum coverage limitations).
Your situation changes dramatically for the better once your injury qualifies as a ‘serious’ injury. In that case, you can demand full personal injury damages, including 100% of your medical expenses, 100% of your lost wages, and even punitive damages in some cases. You can also demand non-economic damages such as pain and suffering, and emotional distress.
What is New York’s Personal Injury Statute of Limitations?
The statute of limitations determines how long you have to file a lawsuit in the event of a personal injury. Of course, if PIP insurance applies to your car accident, you can never file a personal injury lawsuit against the at-fault driver.
Even if your injuries are serious and you qualify for full personal injury damages, there are still time limitations. The New York personal injury statute of limitations gives you three years after an injury to file a personal injury lawsuit. The New York wrongful death statute of limitations gives you two years after the death of the victim to file a wrongful death lawsuit. There are exceptions to these deadlines.
How Can a Lawyer Help?
A skilled New York personal injury lawyer can be invaluable in pursuing your claim. They’ll handle every step, from investigating your case and communicating with the other party to negotiating for fair compensation. If needed, they’ll file a lawsuit and advocate for you in court, working to maximize the value of your claim. Typically, a lawyer is able to multiply the value of their client’s personal injury claim. Contact Rosenbaum Personal Injury Lawyers today to schedule a free consultation and get your questions answered.
Contact Our Car Accident Law Firm in New York City
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our NYC car accident lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
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
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332