What Every New Yorker Should Know About Car Accident Rights

Car accidents can be a scary and overwhelming experience for anyone, especially if you are injured. As a resident of New York, it is important to know your rights in the event of a car accident. This knowledge can help protect you and ensure that you receive the proper compensation for any injuries or damages sustained.

No-fault Insurance

New York is a no-fault state, which means that regardless of who caused the car accident, your own insurance company will cover your medical expenses and lost wages. This is known as personal injury protection (PIP) and it is mandatory for all drivers in New York to have.

However, if you sustain a serious injury such as broken bones, disfigurement, or permanent injury, you may be able to file a lawsuit against the at-fault driver for additional compensation. This is known as a third-party claim.

Statute of Limitations

It is important to note that there is a time limit in which you can file a car accident claim in New York. The statute of limitations for personal injury cases is three years from the date of the accident. If you do not file a claim within this time period, you may lose your right to seek compensation for your injuries.

Comparative Negligence

New York follows a doctrine of comparative negligence, which means that if you are partially at fault for the car accident, it can affect the amount of compensation you receive. For example, if you are found to be 20% at fault for the accident, your compensation may be reduced by 20%. It is important to note that if you are found to be more than 50% at fault, you may not be eligible for any compensation.

Seeking Legal Representation

While it is possible to handle a car accident claim on your own, it is highly recommended to seek legal representation from a reputable and experienced personal injury attorney. A personal injury attorney is a legal professional who specializes in representing individuals who have been injured due to the negligence of others. They are knowledgeable about state laws and can help you navigate through the complex legal system.

The Benefits of Hiring an Attorney

There are several benefits to hiring a personal injury attorney for your car accident claim. First, they have the expertise and experience to handle your case effectively and ensure that you receive the compensation you deserve. They also have access to resources such as accident reconstruction experts and medical professionals who can provide valuable support for your case.

Another benefit is that an attorney can handle all communication and negotiations with insurance companies on your behalf, relieving you of this added stress during a difficult time. They can also help gather evidence, build a strong case, and represent you in court if necessary.