Getting into a car accident for the first time can be overwhelming, especially when navigating New York’s complex compensation laws. Understanding how the system works can help you secure the financial support you need for medical expenses, lost wages and other damages.
New York follows a no-fault insurance system, meaning that after an accident, your own insurance covers medical bills and lost wages – regardless of who caused the crash. However, if your injuries meet the state’s serious injury threshold, you may be eligible to file a lawsuit against the at-fault driver for additional compensation.
More about no-fault insurance
New York law requires all drivers to carry Personal Injury Protection (PIP) insurance, which covers up to $50,000 in medical expenses, lost wages and other necessary costs. This system helps ensure that accident victims receive immediate financial relief without waiting for fault determinations.
Serious injury threshold
If your injuries are severe – such as complex broken bones, significant disfigurement or permanent disability – you may be allowed to step outside the no-fault system and pursue a claim against the responsible party. This allows you to seek compensation for pain and suffering, which PIP does not cover.
Comparative negligence in lawsuits
New York follows a pure comparative negligence rule, meaning that even if you were partially at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you were 30% at fault and your total damages amounted to $100,000, you would still be eligible to recover $70,000.
As you can see, New York’s accident compensation laws can be complex. Consulting an experienced legal professional can help you understand your rights and maximize your claim.