How Do I Know If I Have a Personal Injury Claim?

You are not required to file a personal injury lawsuit against the other driver, but you can if you suffer from injuries that put you in a tough financial situation. These can include:

• Medical bills
• Lost wages
• Diminished earning capacity
• Future medical needs
• Pain and suffering

You might have issues with your back that require you to see the doctor regularly, and now you’re responsible for paying those medical bills. Your back injury might prevent you from returning to work in the same capacity, and now you’re forced to take a pay cut because you can’t go back to work.

NY Liability Laws After a Car Accident 

In New York, liability laws for personal injury cases following a car accident are governed by a combination of no-fault insurance rules and traditional liability principles. Here’s a breakdown of these laws and how they impact personal injury claims:

No-Fault Insurance

New York operates under a no-fault insurance system for car accidents. This means that, regardless of who caused the accident, each driver’s own insurance company pays for their medical expenses and certain other losses up to a specified limit. 

This system is designed to ensure that minor injury claims are handled quickly and efficiently without the need for lengthy litigation. Key points of this system include:

• Personal Injury Protection (PIP): All drivers in New York are required to carry PIP coverage, which pays for medical expenses, lost wages, and other necessary expenses up to $50,000 per person.
• Limited Right to Sue: Under the no-fault system, the ability to sue the at-fault driver for non-economic damages like pain and suffering is limited. Injured parties can only step outside the no-fault system and pursue a personal injury lawsuit if they meet the “serious injury” threshold.

Serious Injury Threshold

To sue the at-fault driver for pain and suffering or other non-economic damages, the injured party must prove that they sustained a “serious injury” as defined by New York law. Serious injuries include:

• Death
• Dismemberment
• Significant disfigurement
• Fractures
• Loss of a fetus
• Permanent loss or limitation of use of a body organ, member, function, or system
• A medically determined injury or impairment that prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities for at least 90 days during the 180 days immediately following the accident

Comparative Negligence

New York follows a pure comparative negligence rule in personal injury cases. This means that if the injured party is partially at fault for the accident, their compensation will be reduced by their percentage of fault. 

For example, if a driver is found to be 20% at fault for the accident and their damages amount to $100,000, they can recover $80,000 from the other party.

Uninsured and Underinsured Motorist Coverage

Drivers in New York are also required to carry uninsured motorist coverage, which provides compensation if they are involved in an accident with a driver who does not have insurance. 

Additionally, underinsured motorist coverage is optional but recommended, as it provides additional protection if the at-fault driver’s insurance is insufficient to cover the damages.