Hurt in a Car Accident in New York?
Local Attorneys Explain Claims, Insurance and Negligence Laws
Five to six million car accidents occur every year across the United States. Still, despite these numbers, most people rarely consider the possibility that they might be in a wreck. In fact, the most you think about potential car crashes may be when you are buying car insurance or renewing your policy. Even then, many people only consider their state’s minimum insurance requirements. So, when an accident does happen, most people do not have a thorough understanding of state laws, insurance policies or what procedures to follow. Thus, you may find yourself struggling to learn your rights in time to enforce them. Fortunately, you do not have to become an expert on injury claims to successfully file one – you can simply ask the lawyers.
Below, local New York attorneys offer information about car insurance, state laws and what to do after a crash. If you have questions or need assistance with a claim today, then contact us to set up a free consultation with a lawyer in your area.
How Do I File a Car Accident Claim in New York?
After a crash, you can usually file an insurance claim, either with the at-fault driver’s provider or your own, to recover the cost of your accident-related expenses. However, the insurance industry is profit-based, and filing a claim can be a minefield of loopholes, misinformation and unforeseen challenges. Therefore, to protect your right to compensation, you should take certain steps after a crash.
Immediately after a car accident, if you are able, you should::
- Call the police and an ambulance. Your first concern should be getting medical help for anyone who needs it. Additionally, a police report can be powerful evidence for your injury claim.
- Get information from the other driver and witnesses. Write down the names and contact information plus the other driver’s insurance information and license number.
- Take pictures. Use your phone to take pictures of the scene, your car, any other vehicles and even your injuries.
Then, as soon as you can, you should also:
- Notify your insurer. Most insurance policies require the holder to notify the provider of any accidents as soon as practically possible. However, DO NOT say anything besides reporting the basic facts of the accident as you know them. If the insurance agent asks if you are making an injury claim and you are unsure whether you suffered harm, tell them you are going to the doctor or hospital and will answer that question at a later time. Some injuries may take hours or days to appear, especially when a person’s adrenaline is running high after a wreck. Answering further questions before calling an attorney may negatively affect your claim.
- Call a lawyer. You can get legal advice for any claim, free of charge, in a complimentary attorney consultation. A lawyer can tell you whether you can handle the claim on your own or may offer you representation. An attorney can also either lay out the steps you should follow or guide you throughout your claim.
- Keep a record of any medical treatments and injuries. If you did not receive medical treatment at the scene, then you should visit the doctor as soon as you can to get a medical opinion. Either way, keep careful records.
What Are the Car Insurance Requirements in New York?
Like most states, New York has mandatory car insurance laws which make it illegal to drive without a minimum amount of coverage. Every state sets its own rules for what qualifies as “minimum” insurance, including the type of coverage you need and the policy limits. In New York, the minimum insurance requirements are:
- $10,000 for property damage for a single accident
- $25,000 for bodily injury and $50,000 for death for a person involved in an accident
- $50,000 for bodily injury and $100,000 for death for two or more people in an accident
- $50,000 personal injury protection (PIP). If you have PIP coverage, then you can file a claim with your insurer for your own injuries and property damage, even if you were at-fault for the accident.
- $25,000 uninsured/underinsured motorist (UM/UIM) coverage. If you have this coverage the at-fault driver in a car accident has no insurance, despite state laws, then you can file a UM/UIM claim with your own provider. Additionally, if your expenses exceed the limits of the at-fault driver’s insurance policy, then this policy can help make up the difference.
Additionally, New York is a “no-fault state,” which means that the procedure for filing a car insurance claim is somewhat simpler than other states. Instead of filing against the driver who caused the crash, you submit your claim to your own provider, regardless of fault. You therefore recover under your own PIP policy, although the available damages may be limited. For example, you generally cannot claim compensation for pain and suffering under this system. In some cases, such as if your expenses exceed the limits of your coverage, you may be able to file a claim against the at-fault driver as well.
How Will New York’s Comparative Negligence Laws Affect My Claim?
Thirteen states, including New York, have pure comparative negligence laws, which affect the amount of compensation you can claim for an injury claim. According to this system, each person involved in a car crash is assigned a percentage of fault. Typically, the insurance company will investigate when you file an initial claim and calculate the degree of fault. If you disagree with this determination or cannot reach a settlement with the insurer, then your case may go to court. If so, then the judge and/or jury will rule on the degree of fault for each party.
Once determined, your percentage of fault will also impact the total amount of compensation you can recover. Modified comparative fault laws reduce your recovery by your fault percentage. This means that if you are 25 percent at-fault for an accident, then your settlement or verdict will be reduced by that much. For example, if you claim $10,000 in damages for a car crash in which you were 25 percent at fault, then you can receive a maximum of $7,500.
Unlike a modified comparative fault system, pure comparative fault laws allow you to proceed with a car accident claim regardless of your percentage of responsibility.
Since New York is a no-fault state, these laws typically only apply if you are able to file a personal injury lawsuit, such as for severe crashes.
Need Help with a Car Accident Claim? Ask the Lawyers!
If you have questions or concerns about insurance or negligence laws, then do not hesitate to ask the lawyers. Otherwise, to find an attorney in your area, consult our local listings.