If you’re involved in a car accident in New York, you may wonder if you can seek compensation by suing the other driver. The answer to that depends on the specifics of your crash, as explained below.
New York follows a no-fault insurance system, meaning that after an accident, your insurance company pays for your medical expenses and a portion of your lost wages. This system is intended to reduce the need for lawsuits and expedite compensation for minor injuries. However, you can sue the other driver for damages if your injuries meet specific thresholds.
Under what circumstances do you have a right to sue?
In New York, you can only sue the other driver for damages if you suffer severe or permanent injuries. These include:
- Broken bones
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use or impairment of a body organ or limb
- Injuries that result in disability for more than 90 days in the 180 days following the crash
If you suffered such serious injuries, you can pursue compensation for medical bills, property damage, lost wages, emotional distress, pain and suffering with a car accident lawsuit.
Your degree of fault for the crash matters
It’s worth noting that the compensation you can recover from the other driver involved in the crash will be reduced by your percentage of fault for the accident. For example, if you were found to be 60% responsible for the accident, you can only recover 40% of your total damages.
Understanding your rights as a car collision victim in New York and having proper legal guidance can help protect your interests and increase the chances of securing the compensation you deserve.