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If you have been injured in a car accident in New York, one thing that can help ease your stress is gaining an understanding of New York’s car accident laws. When you know what you need to do and what to expect, you can worry less. Below, the New York car accident attorneys at Parker […]
If you have been injured in a car accident in New York, one thing that can help ease your stress is gaining an understanding of New York’s car accident laws. When you know what you need to do and what to expect, you can worry less. Below, the New York car accident attorneys at Parker Waichman LLP explain some of New York’s car accident laws and how they might apply to your own case.
Should you have questions about car accident laws in New York or want to speak to a lawyer about your potential claims, you can reach our office by calling 1-800-YOURLAWYER or by filling out the contact form on our website. Our skilled attorneys offer same-day case consultations, and we are always available to provide you with the answers you need.
One of the first laws you need to understand in the event of a car accident is the state’s No-Fault Law. The law is housed in Article 51 of New York Insurance Law.
Under the No-Fault Law, car accident victims are entitled to “first party benefits” from their own vehicle insurance carriers. Regardless of who was at fault in causing the car accident, injured persons must submit claims to their own insurance companies in order to collect benefits related to their accidents. According to Section 5102(b) of the Comprehensive Motor Vehicle Insurance Reparations Act, “first party benefits” means “payments to reimburse a person for basic economic loss on account of personal injury arising out of the use or operation of a motor vehicle.”
Video: What is the statute of limitations for filing an accident lawsuit in New York?
In New York the statute of limitations to file a lawsuit for personal injuries resulting from someone’s negligence is three years generally. The exceptions come about if the defendant is a municipality and generally speaking the most prevalent statute against municipalities is a year and 90 days.
In addition to the statute of limitations though there’s something else that traps a lot of people because they hear they have a year or two years and they think they can take their time but they shouldn’t. The trap I’m referring to is called a notice of claim. This notice of claim or notice of intention to file claim means you need to give the municipality a notice that you are going to sue them and that notice has to be served on them in a very certain way.
This information is located in the statute and will state a very particular person or location where it needs to be served. It’s also in the statute that if don’t serve it within a specific time frame and if you don’t serve it pursuant to all the technical details in the law you can actually have a judge throw out your claim. This is why it is important to understand and abide by the notice of claim.
If you’re involved in an accident that’s why you need to hire a lawyer immediately the first thing you do is get on your cell phone and call a lawyer. Specifically I’d say call the best, Parker Waichman and we’ll meet you wherever you are on the spot. We’ll come to the hospital, we’ll come to your house and we’ll come to your office. We know how important it is to investigate accidents within 12 hours of when they happen. This is so critical because insurance companies that represent the other person or company involved in the accident will have their investigators out to the scene within hours of the accident too.
We want to be there first. We want to talk to the witnesses first and we want to talk to the police officers first. There is a world of difference in the outcome of the case if we’re there first that I guarantee you.
“Basic economic loss,” under Section 5102(a) of the Act includes a combination of the following:
In other words, anyone injured in a car accident in New York (no matter who caused the accident) will submit a claim through his or her own insurance carrier for reimbursement of medical expenses and lost wages associated with the accident. The No-Fault Law requires people to use this insurance procedure for reimbursement, and the law caps possible recovery at $50,000. You can recover only up to $50,000 and can recover only economic losses, like those listed above. You cannot recover for pain and suffering under the law, as these are considered “non-economic losses.”
In order to recover for your pain and suffering and any other non-monetary damages, you have to meet the “serious injury” threshold in the No-Fault Law. Section 5102(d) defines “serious injury” as a personal injury which results in:
If you or a loved one sustained one of these types of injuries, you could be eligible to file a lawsuit in court against the driver who injured you and against his or her insurance company. By filing such a lawsuit, you can seek damages beyond those in the No-Fault Law, including compensation for your physical and mental pain and suffering.
New York follows a system of “pure comparative negligence” (also known as “pure comparative fault”) in personal injury cases. Under New York personal injury law (NY CPLR §1411), a person’s potential recovery can be reduced if he or she is at all to blame for his or her own injuries. The law states:
In any action to recover damages for personal injury … the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of the risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.
This law means that, when you share some of the fault for the car accident that caused your injuries, your potential award will be reduced by your share of the fault. For example, if a driver ran a stop sign and hit you, but you were reading a text message at the time of the accident, you could be held partially at fault for your own injuries. While the other driver is primarily to blame because he violated a clear traffic law, a jury (or judge) might nevertheless find that if you had been paying full attention to the road, you might have been able to avoid the accident or avoid being injured as seriously. If the jury decides the other driver was 75 percent to blame for the accident (and thereby your injuries), and you were 25 percent to blame, your award could be reduced by 25 percent to account for your own fault.
New York’s laws pertaining to car accident cases can be complicated, but an experienced personal injury attorney can help you understand your legal options and your potential recovery. If you suffered injuries in a car accident in New York, contact Parker Waichman LLP for a free case consultation by calling 1-800-YOURLAWYER (1-800-968-7529) or by filling out the online form on our website.