If you have been involved in a car crash in New York, you may be entitled to compensation for the harm and losses you suffered. Understanding the full scope of the damages you can recover is essential to protecting your interests and dealing with the aftermath of the crash.
Since New York is a no-fault state, every driver is required to carry personal injury protection (PIP) insurance. In the event of an accident, your insurance company will cover the immediate expenses related to the accident, such as:
- Your medical expenses, hospital bills, doctor visits, surgery, rehabilitation and any necessary treatments related to the injuries you suffered in the accident
- A portion of your lost wages if your injuries prevent you from working
- Other necessary and reasonable expenses related to your recovery, such as transportation to medical appointments and the cost of services needed to maintain your household as you recuperate
Under the no-fault system, you can recover the above damages even if you fully or partially contributed to the accident. However, there are instances where you can seek additional damages beyond what your PIP cover provides, as explained below.
Did you suffer serious injuries?
If your injuries are serious and meet New York’s legal threshold of a serious injury, you may sue the at-fault driver for additional damages. Serious injuries include:
- Significant disfigurement
- Bone fractures
- Permanent or significant impairment of a body part or organ
- Loss of a fetus
If your injuries qualify, you may seek additional compensation for damages like pain and suffering, loss of enjoyment of life and lost present and future wages, including a diminished earning capacity occasioned by your injuries. Unlike PIP benefits, which are almost guaranteed, recovering these damages involves filing a lawsuit against the at-fault driver.
Seeking experienced guidance to understand how everything works and your legal rights as a car crash victim in New York can go a long way in navigating the claims process and protecting your interests.