If you’ve suffered injuries in a car accident in New York, navigating the legal process for receiving compensation is confusing. Once the smoke has cleared, one of the first things you encounter is the “no-fault” insurance concept. How does no-fault insurance work? Read on to learn more about how New York’s no-fault insurance laws work and how they might affect your claim.
Is New York a No-Fault State?
New York is a no-fault insurance state, meaning that regardless of who caused the accident, your own insurance company becomes the first point of contact for certain damages. The no-fault insurance system allows for the expeditious process of claims and quickly gets injured parties the financial resources they need. When you file a no-fault insurance claim, your insurer covers some of your losses. Most personal injury protection or PIP coverage plans help pay for medical expenses, some lost wages, and other out-of-pocket costs associated with the accident, such as household help and transportation to medical providers.
In addition to no-fault insurance coverage, drivers must carry liability insurance covering property damage and bodily injury caused to others in an accident. The minimum coverage limits for liability insurance are the following:
- $25,000/$50,000 for bodily injury per person,
- $50,000/$100,000 for death, and
- $10,000 for property damage per accident.
It’s important to note that lost wages are typically only covered for a limited period, so understanding the specifics of your NY no-fault insurance policy is crucial.
What Damages Can I Recover?
In the event your PIP coverage fails to adequately compensate you for the extent of your injuries and other losses, you may sue the driver responsible for the accident. A victim may sue an at-fault driver for economic damages only if a victim’s losses exceed basic economic loss and for noneconomic damages if a victim’s claim arises from a serious injury.
Recoverable damages include compensatory damages in the form of economic and noneconomic damages.
Economic damages are direct financial losses resulting from the car accident. Common examples include:
- Medical expenses,
- Future loss of earnings,
- Lost wages, and
- Property damage.
Your attorney typically uses documentation such as pay stubs, invoices, and receipts to calculate the value of these losses.
Noneconomic damages are subjective losses resulting from a victim’s injuries. Examples include:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Permanent injury or disability.
Testimony from friends, family, and colleagues helps support the impact your injuries have had on your relationships and daily life.
Punitive damages may be available in rare cases where a victim proves that the at-fault driver was willfully or wantonly negligent in causing the accident. Punitive damages seek not to compensate a victim for their losses but to punish the wrongdoer for their actions and deter similar behavior in the future.
Consulting with an attorney specializing in personal injury claims can be crucial in navigating the complexities of New York’s no-fault system. They can help you understand how no-fault insurance works in your specific case, determine if you qualify to sue for additional damages (such as pain and suffering), gather evidence to support your claim, and guide you through the no-fault insurance claim process.
Contact Us
At Glugeth & Pierguidi, P.C., we are driven by results. Our impeccable legal expertise has resulted in over $100 million recovered for our clients when they need it most. We understand that accidents can cause sudden and life-changing injuries. We provide you and your family with the legal assistance you need and deserve. We listen carefully so we can create a successful strategy for negotiating and litigating on your behalf. We aim to achieve fairness, justice, and the maximum compensation you deserve for your injuries. Contact us today by phone or email for a free consultation to learn more about how the attorneys at Glugeth and Pierguidi, P.C., can help you.