Auto accidents happen every day, especially in high-traffic areas like New York City. Continue reading to learn how accident liability works in New York. It is important that you understand all of your legal rights and options in case of an accident. Contact an experienced New York injury lawyer for skilled representation and legal advice today.
How Does Car Accident Liability Work in New York?
New York is a no-fault accident state when it comes to car crashes. This means that regardless of who is at fault in an accident, each party will turn to their own insurance provider for compensation for their medical expenses, lost wages, and other costs. Requiring all parties in an accident to seek compensation through their insurance company limits the need for legal battles and helps resolve these issues faster.
What is PIP?
Because NY has a no-fault system, all drivers are required to carry PIP (Personal Injury Protection) coverage. If you are injured in a car accident your own PIP insurance can cover your medical bills and lost wages. PIP can apply even if you were at fault and liable for the accident.
Can I Ever Sue?
It is important to keep in mind that depending on the extent of your insurance policy, your coverage may not be enough to pay for your total expenses associated with the accident. If your injuries are deemed severe or if your financial losses are significant, you can file a claim or lawsuit against the at-fault driver for additional compensation.
The New York insurance law establishes a serious injury threshold. If you suffer a serious injury and/or experience an economic loss of $50,000 or more, you can take legal action against the liable party. Through a lawsuit, you can recover compensation for your additional medical expenses, lost wages, vehicle repairs, pain and suffering, emotional distress, and more.
How Does Liability Work in Other Types of Accidents?
It is important to consider that car crashes are not the only type of accident that can result in injury or damage. In a slip and fall, construction accident, workplace accident, etc. liability can be more complex. In these cases, you must generally prove negligence to establish liability.
Negligence is an individual or company’s failure to exercise reasonable care which can lead to an accident and injury. New York implements premises liability laws, meaning you can recover compensation if you are injured on another person’s property due to their negligence.
In a workplace accident, you, as the employee, may be entitled to workers’ compensation. Workers’ compensation is a type of insurance designed to provide compensation for medical expenses and lost wages for certain workers. This is a no-fault insurance.
Liability can be complex in any accident, so understanding the process and how it works is crucial. If you were injured and have questions or concerns, do not hesitate to reach out to a skilled attorney at Mitchell J. Schroeder, P.C. today.
