Each year in the state of New York, hundreds of thousands of car accidents happen, over half of which result in non-fatal injuries. In the first nine months of 2024 alone, 193 people were killed in traffic accidents while over 2,300 were seriously injured. Fortunately, most injured parties can recover compensation through their personal injury protection (PIP) coverage. However, even non-fatal injuries can be serious, often carrying severe financial repercussions like exorbitant medical bills, the need for ongoing physical therapy, lost wages, and more.
The New York car accident lawyers at Buttafuoco & Associates are committed to helping accident victims pursue legal action to receive the compensation they need to fully recover. Call us at 1-800-NOW-HURT to get started.
New York No-Fault Auto Insurance Law
New York is a “no-fault” insurance state, which means that your car insurance will be your initial method of recovering compensation, regardless of who is at fault. In other words, even if another driver’s negligence led to your injuries, damages must first come out of your own insurance–you cannot automatically sue except in explicit situations. If your injuries qualify as serious, or the damages exceed your PIP coverage, at that point you may consider filing a lawsuit.
All New York drivers are required by law to carry a minimum of $50,000 in PIP coverage. When you file a claim with your insurance company for damages, you can only recover compensation up to the amount of your PIP coverage. Health insurance can often help you pay your medical bills, and you can also purchase additional PIP coverage beyond the minimum. Additionally, if another member of your household has PIP coverage, you can be covered by their insurance.
Issues with insurance companies can sometimes make receiving compensation more challenging than one might expect. Whether you are filing a PIP claim or believe your injuries entitle you to a lawsuit, Buttafuoco & Associates can help you navigate the situation.
When You Can File a Car Accident Lawsuit
In general, there are two scenarios where you have the right to file a lawsuit against another driver who caused an accident. First, if your damages–including medical bills, property damage, lost time from work, and more–exceed your PIP coverage, you can file suit. Second, if you suffered serious injuries under New York law, you can sue.
In order to recover compensation for a serious injury, your injury must qualify under New York law, which is very specific. A serious injury is defined by New York Insurance Law §5102(d) as a personal injury which results in:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
The definition also includes injuries of a non-permanent nature that impair a person’s ability to perform normal daily activities for at least 90 days during the 180 days immediately following the date of injury. As you can see, the criteria are very specific.
An attorney can help you navigate the complicated legal system by properly valuing your case, gathering evidence, and successfully arguing on your behalf in court. If you need assistance determining whether your injuries qualify as serious, contacting a New York car accident attorney at Buttafuoco & Associates may be in your best interest.
To learn more about your rights after an accident, get in touch today!
What is Considered Negligence in a Car Accident?
In the context of car accidents, negligence means that a driver failed to act with reasonable care–which can mean a lot of things. Some common examples of negligence that results in car accidents include:
- Distracted driving
- Intoxicated driving
- Speeding
- Failure to yield
- Reckless driving
- Tailgating/following too closely
- Weaving in and out of traffic
- And much more
Most negligence in car accidents arises from the other driver’s actions. However, some car accidents are the fault of the vehicle manufacturer: for example, if they arise from defective vehicle parts (faulty brakes, engine malfunctions). Sometimes, an accident may be attributable to more than one party, which can quickly become complicated. Working with a New York car accident attorney can help you sort out the complexities, gather evidence, and use it to prove negligence regardless of who was at fault.
How to Prove Fault in a Serious Car Accident
To file a lawsuit, you will first need to establish that the other driver was negligent. After that, you will need to prove that their negligence contributed to your car accident and thus, caused your injuries. Both of these must be proven through a combination of evidence and argumentation (including expert testimony in some cases). Common types of evidence in car accident cases include:
- Photographs of the accident scene
- Video of the crash site
- Witness statements
- Medical reports
- Police reports
- Personal property damaged in the crash
A car accident attorney serving New York can help you gather evidence and use it to build a strong case. They can also bring in expert witnesses as needed to back up your evidence in court.
Damages Recoverable in a Car Accident Claim or Lawsuit
As discussed above, a PIP claim will cover damages related to your medical treatment and lost wages, but these payments are only allowed up to the limits of your basic PIP benefits and Additional PIP (if you have it).
If you are eligible to file a lawsuit due to a serious injury, you may be able to pursue compensation for medical treatment costs, lost wages, and pain and suffering damages. Pain and suffering are also known as non-economic damages and may include compensation for:
- Loss of consortium
- Loss of enjoyment of life
- Mental health conditions (depression, PTSD, etc.)
- Mental anguish
Additionally, if you require long-term medical care, child care, or other specialized amenities due to a permanent injury or disability, you are also entitled to seek compensation for the costs of those services. It is a good idea to work with a New York car accident attorney who can properly value your case and make sure you do not overlook damages you may be eligible for.
Contact a New York Car Accident Lawyer at Buttafuoco & Associates
Buttafuoco & Associates can help you prepare and file your insurance claim to ensure that you are fairly compensated for your injuries and expenses. If your case demands a lawsuit, we will prepare your claim for trial and support you all the way through to the settlement or verdict. We can help with any manner of car accident, including those involving uninsured or hit and run drivers. Negligent drivers must be held accountable.
Call 1-800-NOW-HURT today to set up a free case review.