NYC Car Accident Lawyers

Protecting Car Accident Victims in New York and Long Island

Being involved in a car accident is terrible, and there are so many things you don’t know about the process, being unfamiliar with the law. If you are involved in an accident caused by someone else, you might have rights you didn’t even realize you had. 

You might be the victim of negligence, and you could be entitled to damages from this accident. If the other driver was negligent and caused your accident, he or she is now liable for the injuries, the financial strain, and the pain and suffering you incurred since your accident.

Are you suffering injuries due to someone else's negligence? Call Raiser & Kenniff today at (888)-646-0025 or contact us online to schedule a consultation with our car accident lawyers in NYC.

What To Do After a Car Accident in New York

When you’re involved in a car or truck accident, many things can happen. You could walk away without any injuries and later realize you suffered from internal injuries you were not aware of, such as a brain injury. 

Now you have expensive medical bills piling up in your name, and your injuries are far worse because they went so long without treatment. The insurance company for the other driver might push you to sign paperwork releasing your medical records. 

They might ask that you take the money they’re offering now before you have a chance to find out how serious your injuries are, and you might end up in a negative situation because you aren’t sure what to do.

If you were involved in a car accident, we recommend that you:

• Call the police immediately following an accident and file an accident report
• Seek medical attention within hours of being involved in an accident
• Call an attorney to ask about your options

How Do I Know If I Have a Personal Injury Claim?

You are not required to file a personal injury lawsuit against the other driver, but you can if you suffer from injuries that put you in a tough financial situation. These can include:

• Medical bills
• Lost wages
• Diminished earning capacity
• Future medical needs
• Pain and suffering

You might have issues with your back that require you to see the doctor regularly, and now you’re responsible for paying those medical bills. Your back injury might prevent you from returning to work in the same capacity, and now you’re forced to take a pay cut because you can’t go back to work.

NY Liability Laws After a Car Accident 

In New York, liability laws for personal injury cases following a car accident are governed by a combination of no-fault insurance rules and traditional liability principles. Here’s a breakdown of these laws and how they impact personal injury claims:

No-Fault Insurance

New York operates under a no-fault insurance system for car accidents. This means that, regardless of who caused the accident, each driver’s own insurance company pays for their medical expenses and certain other losses up to a specified limit. 

This system is designed to ensure that minor injury claims are handled quickly and efficiently without the need for lengthy litigation. Key points of this system include:

• Personal Injury Protection (PIP): All drivers in New York are required to carry PIP coverage, which pays for medical expenses, lost wages, and other necessary expenses up to $50,000 per person.
• Limited Right to Sue: Under the no-fault system, the ability to sue the at-fault driver for non-economic damages like pain and suffering is limited. Injured parties can only step outside the no-fault system and pursue a personal injury lawsuit if they meet the “serious injury” threshold.

Serious Injury Threshold

To sue the at-fault driver for pain and suffering or other non-economic damages, the injured party must prove that they sustained a “serious injury” as defined by New York law. Serious injuries include:

• Death
• Dismemberment
• Significant disfigurement
• Fractures
• Loss of a fetus
• Permanent loss or limitation of use of a body organ, member, function, or system
• A medically determined injury or impairment that prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities for at least 90 days during the 180 days immediately following the accident

Comparative Negligence

New York follows a pure comparative negligence rule in personal injury cases. This means that if the injured party is partially at fault for the accident, their compensation will be reduced by their percentage of fault. 

For example, if a driver is found to be 20% at fault for the accident and their damages amount to $100,000, they can recover $80,000 from the other party.

Uninsured and Underinsured Motorist Coverage

Drivers in New York are also required to carry uninsured motorist coverage, which provides compensation if they are involved in an accident with a driver who does not have insurance. 

Additionally, underinsured motorist coverage is optional but recommended, as it provides additional protection if the at-fault driver’s insurance is insufficient to cover the damages.