You may be surprised to learn that you can be injured in a New York car accident and be unable to sue in many cases. When can you get help from a New York personal injury lawyer, and when must you turn to your own insurance company for compensation?
Here’s what you need to know.
New York Is a No-Fault State
In a no-fault state, insurance companies usually don’t worry about who was at fault for an accident before paying a claim.
Instead, after a car accident, each party’s own insurance company pays their own claims.
After a minor accident, no-fault coverage can be very helpful. It means claims are paid much more quickly. No fault also keeps New York state insurance rates low. We recommend taking advantage of those lower rates to get more coverage, as the increased coverage can come in handy in the event of an accident.
No-Fault Does Not Cover Pain and Suffering
The big disadvantage of the no-fault system is it does not pay you any pain and suffering award, nor does it cover 100% of lost wages.
It pays medical and rehabilitation expenses up to your policy limits, 80% of lost earnings of up to $2,000 per year, and $25 per day for household help and transportation expenses to get to and from medical expenses.
New York requires you to purchase up to $50,000 in personal injury protection (PIP) coverage. We strongly recommend purchasing even more, given the average hospital costs in New York City.
To Sue, You Must Meet the Injury Threshold
You can launch a personal injury suit in New York when the injuries suffered are so egregious as to require more than the normal amount of compensation. This means the accident must result in one of the following.
- Death
- Dismemberment
- Disfigurement
- Loss of a fetus
- Permanent loss of a bodily organ
- Permanent loss of a bodily function or system
- Temporary disability lasting longer than 90 days.
At this point the accident is deemed serious enough for a pain and suffering claim to be warranted.
If you have met this threshold, it is absolutely vital for you to contact a personal injury lawyer ASAP. The other driver’s insurance company is not going to be eager to pay for your claim. It will take expert help to prepare and launch your case.
Reach out to our office to schedule a free case review today.
