If you have been injured in a car accident, you may be wondering if you can receive compensation. Even if you were partially responsible for the crash, you can still file a personal injury claim. Here is some important information on New York no fault laws when it comes to car insurance.
New York No Fault Laws | No Fault Claims
In New York, if you are injured in a car accident (also called a motor vehicle or automobile accident), your options to recover damages may be limited by the “No Fault” law.
New York is a “No Fault” car insurance state. This means that if you are injured in a car accident, you must first file a No Fault claim under your own car insurance policy in order to receive money for your medical bills and certain other limited types of economic losses, regardless of who caused the accident.
No Fault deadlines are short and require immediate action. Contact an experienced New York car accident lawyer to help you file all necessary No Fault paperwork on time.
New York No Fault Laws | “Serious Injuries”
In addition, if your injury qualifies as a “Serious Injury” you may sue the other driver (“defendant”) in court for damages. A “Serious Injury” includes any of the following: significant disfigurement, broken bone, permanent limitation of use of a body organ, significant limitation of use of a body function or system or a substantially full disability which lasts for at least 90 days.
If your injuries qualify as a “Serious Injury,” you and your New York car accident lawyer need to prove that the defendant you are suing owed you a duty of care, that they failed to perform this duty of care either by their action or failure to act while driving their car or vehicle, that this defendant caused the accident and is therefore responsible for your injuries and that your injuries resulted in money or other types of damages.
If you want to know more about New York no fault laws and are determining if you have an auto accident case, please contact our experienced New York car accident lawyer today to schedule a free consultation.