Many people assume that, in a rear-end car accident, the driver behind is always at fault for the collision. While that driver certainly may be at fault, or at least partially at fault, for the collision, fault alone does not guarantee that you can seek compensation from that motorist. Rear-end collisions can be complicated, and it is important to learn more about how an injury victim can be eligible to obtain compensation after one of these crashes. The following are five things you should know about rear-end car accidents and lawsuits in New York. If you need help with your claim or think you may be eligible to file a car accident lawsuit against the at-fault driver, you should get in touch with a New York car accident attorney as soon as possible.
Fault is Not Always Obvious in a Rear-End Accident
You might assume that the driver who hit you from behind is most certainly at fault, but it is important to keep in mind that fault in a rear-end collision can be more complicated, particularly when there are multiple vehicles involved in the collision or if the driver who struck your vehicle unknowingly drove a car with a defect. For example, defective brakes could be to blame for your injuries instead of the driver’s failure to maintain a safe following distance. It is a good idea to have an experienced auto accident lawyer assess your case.
Whiplash is a Common Injury in Rear-End Collisions
According to the Mayo Clinic, whiplash is one of the most common injuries in a rear-end accident, but vehicle occupants can also sustain other types of serious and catastrophic injuries.
Your First Step Toward Compensation Will Most Likely Be an Insurance Claim through Your Own Personal Injury Protection Policy
In a no-fault state like New York, seeking compensation for your injuries will likely need to begin with a claim through your personal injury protection (PIP) insurance policy.
To Sue the At-Fault Driver, You Will Need to Prove You Have Met New York’s Serious Injury Threshold
Because New York is a no-fault state, you will need to show that your injury qualifies as a “serious injury” under New York law such that you are eligible to file a lawsuit instead of solely seeking compensation through your PIP insurance. Your lawyer can discuss the kinds of injuries that are likely to meet the serious injury threshold.
If You Do Have a Serious Injury and are Eligible to File a Lawsuit, You Likely Will Need to File That Claim Within Three Years From the Accident Date
Under New York’s personal injury statute of limitations for claims based on negligence, you will most likely need to file your lawsuit within three years from the date of the accident.
Contact an Auto Accident Lawyer in New York
Since New York is a no-fault state when it comes to motor vehicle collision compensation, it can be difficult to know with certainty whether you are eligible to file a car accident lawsuit against the at-fault driver until you speak with a New York car accident lawyer. One of the experienced attorneys at our firm can assess your case for you today and can represent you in an auto accident lawsuit if you are eligible to sue the at-fault driver for damages. Contact Leitner Varughese Warywoda PLLC to learn more about auto accident claims in New York.
