Regardless of how things unfolded on the road, there is no easy way to process the impact of a car accident. Over 2,00,000 auto accidents are reported in NYC every year, and it is not something unusual. However, if the accident happened because of the other driver’s recklessness, you may want to get compensation. New York is a no-fault car insurance state. This simply means that you have to file a claim with your insurer unless your injuries meet the threshold of serious injuries as stated by the state laws. Yet, it is necessary to speak with a lawyer and figure out the course of action. Here are some key laws in NY that are worth knowing.
NY’s statute of limitations
The statute of limitations is the law that states the time limit for filing injury and wrongful death lawsuits, and this varies by state. If you have a valid injury case where you can sue the at-fault driver, you must file the case within three years from the date when the accident happened. For wrongful death cases, the statute of limitations has set a deadline of two years from the date of death.
NY’s serious injury threshold
In some circumstances, if injuries of a person meet the serious injury threshold as per NY laws, they can file a lawsuit against the driver. Serious injuries usually refer to bone fractures, loss of a fetus, amputation, permanent and complete loss of body function or part, and disfigurement. An attorney can explain whether you can step outside of the no-fault system and file a lawsuit against the driver who caused the accident.
NY’s comparative fault rule
If two drivers have a share in the fault, NY’s pure comparative fault rule will come into play. In this case, a party can sue the other, no matter whether they are more at fault than the other driver. However, the fault share in percentage is used to reduce the settlement awarded to them to determine what a person can get. For instance, if you were 80% at fault and sued the other party and won $2,00,000, you can still recover $40,000.
Because the no-fault system makes things a little more complicated for recovering compensation from the other at-fault driver, you should talk to an experienced injury lawyer. Most lawyers in NYC specializing in personal injury law charge a contingency fee, which is only payable after you get a settlement.