New York is a “No-Fault” Car Insurance State
The most important thing you should know about
car accident injury claims in New York is that the state follows a “no-fault”
car insurance system. So, if you’re a New York driver who possesses
car insurance in the state, you will need to turn to your own car insurance
policy to file an injury claim in the event of a car accident. Since car
accident injury claims will often result in the injured party receiving
a settlement from his or her own car insurance company, there is no need
to determine fault for the collision.
However, there are situations where injury claimants can file a claim against
a negligent driver who caused the car accident. If the injured party is
seeking compensation for other things, such as pain and suffering, then
they can pursue a
personal injury lawsuit in New York.
A personal injury is a viable option if the claimant’s injuries include:
- Significant disfigurement
- Severe limitation of a body function or system
- Substantially full disability for 90 days
- Permanent limitation of use of a body limb or organ
- Bone fracture
Comparative Fault in New York
If more than one party is to blame for causing an accident in New York,
this type of situation is covered by the “comparative fault”
rules. It means that the injured party can recover compensation from any
other at-fault party, no matter the degree of the injured party’s
own fault. However, any compensation recovered will be reduced by a percentage
equal to the injured party’s share of liability of the collision.
If you suffered a serious injury after being involved in a car accident
caused by a drunk driver in New York City,
contact Belushin Law Firm for a
free consultation today.