In 2023, there were 38,105 total crashes in New York City, with nearly 260 traffic deaths. Despite the stringent enforcement of traffic laws, the statistics indicate an alarming situation.
Even if you’re following all the road safety laws, there are still significant chances of getting hurt by a negligent driver. Distracted, drunk, or aggressive driving can cause serious physical harm to other drivers, passengers, and pedestrians.
In New York, victims of an auto accident have the legal right to recover compensation and sue for damages. If you’ve been injured due to someone else’s negligence, read this guide to understand the technicalities of filing a claim.
Types of Auto Accident Damages
Auto accidents are devastating, resulting in physical harm and financial burden to both victims and their families. Knowing what kind of damages you can recover is essential for protecting your rights. In NYC, damages after an auto accident can be divided into three categories. Let’s break it down:
Economic Damages
The quantifiable financial loss that a victim suffers following an auto accident comes under economic damages. They help reimburse out-of-pocket expenses paid by the injured party. Economic damages also include any financial hardships directly related to the injury. Examples include:
- Medical expenses, including hospital stays, checkups, medication, tests, and surgery
- Lost wages, if the injury hinders the victim from resuming work-related activities
- Property damage, if the victim’s vehicle needs repair or replacement
- Out-of-pocket expenses, such as transportation to and from medical appointments or mobility devices
Non-economic Damages
Non-financial aspects of an injury that affect the victim’s quality of life come under non-economic damages. Examples include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Mental anguish
Punitive Damages
If you believe the at-fault driver showed gross negligence and recklessness, you can sue for punitive damages. Unlike economic and non-economic damages, which are designed to compensate the victim, punitive damages punish the defendant. These damages are only awarded for the most egregious conduct.
Economic Damages and Insurance Coverage
When it comes to seeking compensation for an auto accident, the role of insurance companies can’t be underestimated. They have a legal option to cover all your medical bills, which comes under the umbrella term of “no-fault” insurance.
What is No-Fault Insurance?
New York State is a no-fault state, which means all registered vehicles are eligible for basic compensation, also known as Personal Injury Protection (PIP) coverage. No-Fault insurance covers damages up to $50,000 per person who has been injured in the crash. Other first-party benefits include:
- Coverage of necessary medical expenses
- 80% of lost earnings
- $2,000 death benefit to the estate of a person killed in an auto accident
Unfortunately, many insurance companies try to get away with paying as little as possible. This is especially common when a victim wishes to seek compensation for future medical bills or non-economic damages. This is why victims pursue legal charges against the negligent driver to seek justice and compensation for their injuries.
How Much Can Someone Sue for an Auto Accident in NYC
The first step in seeking compensation is proving that the other driver was negligent. These negligent acts include:
- Driving under the influence
- Distracted driving
- Running through traffic lights and signals
- Drowsy driving
- Speeding
- Disobeying traffic laws
In the state of New York, there is no specific limit on the amount of compensation you can receive. Several factors come into play, such as:
- The severity of the injuries
- Financial loss due to medical bills
- The extent of property damage
- Loss wages
- Loss of earning capacity
- Pre-existing conditions
- Local laws and jurisdiction
NYC also considers the actions of the victim to determine whether they contributed to the accident. For example, if the defendant is 80% responsible, whereas the victim is 20% responsible, the circumstances will change, and the victim will only recover 80% of the total damages. This comes under pure comparative negligence.
The regulations can vary for different cities. If you’re living in Albany, working with an experienced Albany auto accident lawyer can clarify such details and ensure legal compliance.
How Soon Does One Have to File a Claim
In New York, victims have 30 days to file a No-Fault insurance claim with their insurance provider. Moreover, for filing a lawsuit against a negligent driver, the statute of limitations is 3 years from the date of the accident. Once three years pass, your ability to file a claim will expire regardless of the severity of your injuries.
How to Increase the Chances of Fair Compensation
There are some steps you can take to maximize your chances of gaining fair compensation. Here’s what you should do:
- Seek medical attention immediately. Delaying medical attention can worsen your injuries and make it difficult to establish a link between your injuries and the claim.
- Collect evidence. Take pictures and videos of your vehicle and injuries to strengthen your claim.
- Keep detailed records. Document all your communication with the doctors and insurance providers. Get in touch with witnesses if applicable.
- Call the authorities. Report your auto accident right away. Ask law enforcement officers to make a report and get copies of it later.
- Consult with a personal injury lawyer. An auto accident lawyer can advise you on strategies. They will analyze evidence and negotiate with insurance companies.
- Be careful when talking to insurers. Don’t admit fault or refuse medical attention. Whatever you say can be used against you later on to reduce the compensation amount.
- Negotiate your settlement. Don’t accept the first settlement offer you get. Let your personal injury lawyer negotiate and get an offer that addresses the full extent of your injuries.
Being in an auto accident is financially and emotionally taxing. But you don’t have to navigate everything alone. Working with an auto accident attorney can make a big difference. They can handle complex legal procedures and negotiate with insurance adjusters, allowing you to focus on getting better and resuming day-to-day activities.
