Very good law firm Joanne Stevens great person to deal with and staying on top of asking and handling my injuries. Julie Trinidad as the paralegal as well always on top of case and quick response very good people
Steven Palmiotto
4 years ago
New York is one of the few states in the United States that follows a unique No-Fault insurance system when it comes to car accidents. This system can be confusing for those unfamiliar with its intricacies, especially when dealing with the aftermath of an accident. In this report, we will provide an in-depth explanation of […]
New York’s no fault insurance system
New York is one of the few states in the United States that follows a unique No-Fault insurance system when it comes to car accidents. This system can be confusing for those unfamiliar with its intricacies, especially when dealing with the aftermath of an accident. In this report, we will provide an in-depth explanation of New York’s No-Fault insurance system, discuss the statutes of limitations in New York, provide guidance on finding a New York car accident attorney, and introduce you to Parker Waichman, LLP, a law firm with a proven track record in representing clients in car accident cases.
New York’s No-Fault insurance system is designed to ensure that all parties involved in a car accident receive immediate medical coverage, regardless of who is at fault for the accident. Under this system, each party’s insurance company is responsible for paying their own policyholder’s medical bills and lost wages, up to a certain limit, without considering fault. This system aims to streamline the claims process and avoid lengthy litigation for minor injuries.
In New York, all vehicle owners are required to carry Personal Injury Protection (PIP) insurance as part of their auto insurance policy. PIP coverage pays for medical expenses, lost wages, and other related costs for the policyholder, passengers, and pedestrians injured in an accident, regardless of who is at fault. The minimum PIP coverage required in New York is $50,000, but policyholders can choose to purchase additional coverage.
While the No-Fault insurance system can provide quick financial relief for minor injuries, it has its limitations. Under this system, injured parties cannot sue for pain and suffering or other non-economic damages unless they meet specific criteria called the “serious injury threshold.” In New York, an injury is considered “serious” if it results in:
If an injured party meets the serious injury threshold, they can pursue a personal injury lawsuit against the at-fault driver to recover damages for pain and suffering, as well as economic damages exceeding the limits of their PIP coverage.
A statute of limitations is a deadline within which a legal action must be commenced. If a lawsuit is not filed within the specified time frame, the injured party may lose their right to recover damages. In New York, the statutes of limitations for car accident cases are as follows:
Personal Injury Claims – Injured parties have three years from the date of the accident to file a personal injury lawsuit. This deadline applies to claims for pain and suffering and economic damages exceeding PIP coverage limits.
Property Damage Claims – For property damage claims, the statute of limitations is three years from the date of the accident. This includes claims for vehicle damage and damage to other personal property.
Wrongful Death Claims – If a car accident results in the death of a loved one, the personal representative of the deceased person’s estate has two years from the date of death to file a wrongful death lawsuit. This deadline applies regardless of whether the death occurred immediately after the accident or at a later time due to injuries sustained in the accident.
Claims Against Government Entities – If you believe a government entity (such as a city or state agency) may be responsible for your accident, the statute of limitations is much shorter. In New York, you must file a Notice of Claim within 90 days of the accident, and the lawsuit must be commenced within one year and 90 days from the date of the accident.
Navigating the complexities of New York’s No-Fault insurance system and meeting the strict deadlines imposed by the statutes of limitations can be challenging. Retaining the services of a skilled car accident attorney can make a significant difference in the outcome of your case. Here are some tips to help you find the right attorney for your needs:
Experience and Track Record – Look for an attorney with a proven track record in handling car accident cases, particularly in cases involving New York’s No-Fault insurance system. An experienced attorney will be familiar with the nuances of the law and will be better equipped to represent your interests.
Communication and Rapport – Choose an attorney with whom you feel comfortable discussing your case and who is responsive to your needs. A good attorney will keep you informed about the progress of your case, answer your questions, and involve you in the decision-making process.
Parker Waichman, LLP is a highly respected law firm with a team of experienced car accident attorneys who have helped thousands of clients navigate New York’s complex No-Fault insurance system and recover the compensation they deserve. With a commitment to excellence, compassion, and personalized attention, Parker Waichman, LLP has earned a reputation as a trusted legal advocate for car accident victims.
If you or a loved one has been injured in a car accident in New York, don’t hesitate to contact Parker Waichman, LLP for a free consultation. Our skilled attorneys will thoroughly review your case, explain your rights, and help you determine the best course of action to achieve the best possible outcome. Time is of the essence, so don’t wait. Call our toll-free number 1-800-YOUR-LAWYER (1-800-968-7529) today to discuss your case and take the first step toward obtaining the justice and compensation you deserve.
Understanding New York’s No-Fault insurance system and the applicable statutes of limitations is crucial for anyone involved in a car accident in the state. Finding the right car accident attorney can make all the difference in securing fair compensation for your injuries and losses. If you find yourself in need of legal representation, consider reaching out to the experienced team at Parker Waichman, LLP, who are dedicated to fighting for your rights and achieving the best possible outcome for your case.