If a car crash in New York caused your injuries, you might feel unsure about suing the other driver for damages. Because New York is a “no-fault” insurance state, your own insurance pays for your basic economic losses first. However, in certain situations, you may pursue a lawsuit for your pain and suffering.
How does New York’s no-fault insurance system work?
New York requires most drivers to carry personal injury protection (PIP) insurance. After a crash, PIP benefits can provide timely coverage for the victim’s medical bills, a portion of lost income, replacement services and other necessary expenses, regardless of fault.
Still, no-fault coverage does not mean you can never sue. If your crash injuries are serious enough, or if your losses exceed what no-fault benefits cover, you may file a claim against the driver who caused the accident.
When can car crash victims sue the other party?
In New York, you may sue the other party if your injuries meet the state’s “serious injury” threshold. This may include:
- Dismemberment
- Disfigurement
- Loss of fetus
- Bone fracture
- permanent loss of use of a body organ, member, function or system
- Significant or permanent limitation of use of a body organ or member
If your crash injuries fall into one of these categories, you can sue the other driver to seek compensation for your excess medical costs and pain and suffering.
What is the statute of limitations for personal injury claims?
In New York, personal injury claims are generally subject to a three-year statute of limitations. The clock begins from the date the accident or injury occurred and ends in the third-year mark. Waiting too long to file your claim will result in the dismissal of your right to sue.
A local car accident lawyer can explain your rights and determine whether your injuries meet the “serious injury” threshold. They can also inform you of the next steps forward, sue the other driver on your behalf, gather evidence and key witnesses for your case and advocate for you in the courtroom.