In most car accidents, the driver at fault pays for the damage to the victim’s car. The victim typically makes a claim against the at-fault driver’s insurance to cover the costs of the necessary repairs. If the victim sustained injuries, the driver at fault may also have to pay for the medical bills.
In New York, however, the granting of compensation following a car accident works differently. New York is one of the 13 states that follow the pure comparative negligence law, which reduces the damages a driver can recover depending on how much of the accident is their fault.
With this rule in place, you need the assistance of a New York City personal injury lawyer or car accident lawyer to minimize your share of fault in the collision so you can maximize the compensation you’ll receive.
Pure Comparative Negligence in New York Car Accidents
The pure comparative fault system allows the blame and damages to be shared between the parties involved in a car accident. The total amount of compensation a driver can receive is inversely proportional to their share of fault in the crash.
If a driver is 80 percent responsible for the collision, for instance, they can recover only 20 percent of the total damages because the remaining amount will serve as their compensation for the other party.
Here’s an example to illustrate how the system works in practice: Suppose we have two drivers, Amy and Jack. Amy prepares to turn left on the highway but forgets to check if the road is clear. Meanwhile, Jack speeds down the highway at 20 mph over the limit. Jack fails to slow down and ends up slamming into Amy’s car.
Both drivers are responsible for the accident; Amy should’ve made sure to check the road and Jack shouldn’t have been overspeeding. The jury finds that Amy shares 40 percent of the fault and Jack 60 percent. With damages worth $50,000, Amy and Jack will receive $30,000 and $20,000 respectively.
The total damages awarded in a car accident in New York include medical expenses, lost wages, vehicle repair or replacement costs, and even non-economic damages like pain and suffering.
Note that the pure comparative fault system only applies to personal injury cases brought to court. For car accidents that are resolved out-of-court, the state’s no-fault car insurance system applies.
No-Fault Insurance in Car Accidents
In a no-fault insurance state, injured drivers and passengers turn to their car insurance coverage for compensation after a crash, regardless of whether they were responsible for the accident or not. Their policy should cover their medical treatment, lost income, and other out-of-pocket expenses caused by the accident.
This is why New York enforces minimum car insurance coverage requirements. Your liability coverage ensures that you’re always adequately insured and can bounce back from the financial repercussions of a car accident, in case you get into one.
Below is the minimum amount of liability you need to drive a vehicle in New York:
- $10,000 for property damage for a single accident (for a single accident)
- $25,000 for bodily injury (per person)
- $50,000 for the death for a person involved in an accident that you caused
- $50,000 for bodily injury for a single accident (regardless of how many people are injured)
Many drivers find New York’s no-fault insurance system favorable because it guarantees a quick payout after a car accident even if they were at fault. It also helps claimants avoid lawsuits, which means they won’t have to spend money on litigation fees.
New York’s no-fault insurance rule, however, applies only to injuries caused by car accidents; it doesn’t cover vehicle damage. If you want to recover compensation for your vehicle damage, you can file a claim against the at-fault driver. Just remember that the pure comparative negligence law will affect the ruling.
Additionally, a no-fault insurance system makes it difficult for you to sue the at-fault driver if you share little to no responsibility for the accident. This hurdle is a serious problem for car accident victims who sustained serious injuries or significant expenses. In such cases, you’ll need the assistance of a New York personal injury lawyer to help you file a third-party insurance claim and pursue the compensation you need.
Personal Injury Claim After a Car Accident
According to state personal injury laws, you can file a liability against the at-fault driver if your claim meets the “serious injury” threshold in place. Article 51 of the New York State Insurance Law defines the following as serious:
- Bone fracture
- Dismemberment
- Permanent loss of the use of a body organ, function, or system
- Significant limitation of a body function, organ, or system
- Loss of a fetus
- Any injury that prevents you from doing your daily activities for at least 90 days within the first 180 days following the accident
- Combined medical and lost wage damages exceeding $50,000
If you’re lobbing a personal injury lawsuit, you also need to be mindful of New York’s statute of limitations. All states have a law that sets a time limit on your right to take a case to court after suffering some type of harm.
The statute of limitations differs for each crime. For personal injury, New York gives you three years starting from the date of your accident to file a lawsuit. If you miss the three-year window, the court system will likely refuse to hear your case, which means you’ll lose your chance of receiving compensation.
So, it’s best to get a thorough medical examination immediately after getting into a car accident, even if you have no obvious injuries. This way, the doctor can identify complications that are caused by the crash and gauge their severity. If your injuries are serious, seek legal counsel so your lawyer can guide you throughout the entire process of filing a personal injury claim.
Experienced Personal Injury Lawyers in New York City
Aminov Law Group, P.C. is a boutique law firm based in New York specializing in real estate and personal injury law. You can rely on our client-oriented approach for a smooth litigation process from start to finish, making the experience as stress-free as possible for you.
Our personal injury attorneys offer aggressive representation to make sure you receive a favorable settlement.
Email or call us today to schedule a free consultation regarding your car accident case.