3 FAQs About Filing a Car Accident Claim in New York
Putting together a strong car accident claim is no easy feat. If you were hurt in a motor-vehicle collision and you’re planning on taking action but you’re not sure where to start, we can help. Here are the answers to some of the most frequently asked questions about proceeding with a car accident claim in the Empire State:
1. When Can You Actually Seek Compensation from a Negligent Driver?
Because New York has a “no-fault” system, motorists are generally responsible for covering their own damages following a wreck, even if they didn’t cause it. That doesn’t mean, however, that car accident victims can never seek compensation from a drunk, distracted, or drowsy driver.
Generally speaking, you can bypass the state’s “no-fault” rule and file a third-party claim with the liable motorist’s carrier if you sustained what’s considered a “serious” injury. In New York, a “serious” injury is one that results in:
· Bone fracture,
· Full disability for at least 90 days,
· Significant disfigurement,
· Significant limitation of use of a body function or system, or
· Permanent limitation of use of a body organ or member.
2. What Kinds of Damages Can You Include in a Car Accident Claim?
When filing a claim under your own personal injury protection (PIP) coverage, you can seek compensation for the following:
· Reasonably necessary medical bills,
· Up to $2,000 per month for three years for lost wages, and/or
· Up to $25 a day for one year for reasonably necessary replacement services.
It’s worth noting that PIP coverage also includes a $2,000 death benefit. Additionally, it applies to passengers in your car and pedestrians who were struck by your car.
Should you file a third-party claim with the at-fault driver’s insurance carrier, you can seek a lot more in compensation than the caps mentioned above. Under tort law, recoverable damages in personal injury actions include:
· All associated medical bills,
· All associated lost wages,
· Lost earning capacity,
· The cost of repairing any damaged property,
· The cost of reasonably necessary replacement services,
· Mental anguish,
· Loss of enjoyment in life,
· Physical impairment and disfigurement, and
· Pain and suffering.
Furthermore, if your marriage has suffered because of your injuries, your husband or wife may file a claim for loss of consortium. This refers to the loss of love, society, affection, and companionship that he or she has incurred as a result of your condition.
3. How Long Do I Have to File a Personal Injury Lawsuit?
If you’re unable to secure a satisfactory settlement, you may have to file a formal lawsuit in order to pursue the compensation you deserve. For actions arising from negligence, New York’s statute of limitations is three years. Since there are several exceptions to this deadline, however, it’s advisable to seek legal counsel as soon as possible.
Call 855-585-2969 to Speak with a Car Accident Lawyer in New York
Building a strong car accident claim is a lot of work, but you don’t have to do it alone. If you turn to Leitner Varughese for strategic legal counsel, you can focus on recovering from your injuries while your case proceeds in good hands.
We counsel clients in New York City, Long Island, and the rest of New York State. Call 855-585-2969 or complete our Contact Form to set up a free, no obligation consultation with a car accident attorney in New York.