If your car was damaged during an accident caused by another driver, you may wonder about your legal right to compensation. New York’s no-fault accident laws can complicate the matter, but in general, you can sue for damage to your vehicle. It is important that you fully understand your legal rights and options after being involved in a collision. Work with an experienced Rockland County auto accident lawyer for skilled legal advice and representation during your case.
Is New York a No-Fault Accident State?
New York is one of several states in the U.S. that operate under a no-fault insurance system. This means that the insurance company of each driver involved in an accident pays for medical expenses related to the collision, regardless of who was at fault. The purpose of this law is to reduce the number of lawsuits resulting from accidents and expedite the process of resolving claims and recovering compensation for injured individuals.
All drivers are required to carry PIP (personal injury protection) coverage, which covers both economic and non-economic damages related to an accident and injury. Examples of covered costs include medical expenses, lost wages, transportation to medical appointments, household help, death benefits, and non-economic losses if you were “seriously injured.”
Can I Sue for Damage to My Vehicle in NY?
You may have noticed that out of the expenses covered by PIP, property damage was not among them. The cost to repair or replace damaged property is not reimbursed through PIP, which only covers injury-related expenses.
To address your vehicle damage, you have to file either a claim or a lawsuit against the at-fault driver. If the other driver was responsible for the accident, you should file a claim with their liability insurance. The insurance provider should compensate you for your property damage.
If they deny your claim for some reason or your expenses exceed the policy limits, you may have to resort to suing the driver themself. You can hire an auto accident attorney to evaluate the situation and the information you have to determine whether you have a valid and strong case. Together, you can gather and present evidence in support of your claim, hopefully convincing a court of the defendant’s liability.
What if I Caused the Collision?
If you were liable for the accident and have property damage, you can file a claim with your own collision insurance if you have it. Collision coverage provides compensation for damage sustained in collisions with other vehicles or objects, regardless of who caused the damage. However, this is an optional coverage. If you did not opt into collision coverage, you will not be able to recover compensation for your vehicle’s damage.
To learn more about your legal rights and options, reach out to an experienced attorney at Mitchell J. Schroeder P.C. today.
