If you or your loved one has been injured in a car accident in New York, there will probably be a million questions in your mind. As a car accident lawyer in NYC, we completely understand what you are going through, as figuring out New York’s complex insurance and legal landscape can be a daunting task. Therefore, we’re here to put your mind at ease by answering some of the most frequently asked questions with regard to car accidents in NYC.
What Should I do After a Car Accident in New York?
While the aftermath of a car accident can be disorienting and overwhelming, insurance companies and opposing counsels will pay close attention to your conduct in the aftermath, and any perceived wrongdoing can be used against you to justify reducing your compensation. Therefore, we advise you to do and not do the following:
- Move to a safer location, but do not leave the scene.
- Call 911 to inform law enforcement and receive immediate medical attention.
- Inform your insurance provider about the accident.
- Gather evidence such as photographs, contact information, and insurance details.
- Contact a car accident lawyer in NYC.
- Do not apologize or admit fault.
- Do not make any official and recorded statements without your lawyer’s clearance.
- Do not accept the first settlement offer presented by insurance companies.
Why Should You Hire a Car Accident Lawyer After a Crash?
While you can represent yourself in insurance matters and in court, we believe you should always hire a car accident lawyer, and it ultimately boils down to two main reasons.
First, insurance companies would much prefer to deal with you directly than through a lawyer. An experienced car accident lawyer in NYC will know the insurance and legal landscape of New York like the back of their hand and will be familiar with the insurer’s playbook. Therefore, by hiring a lawyer, you protect yourself from the manipulative tactics of insurance companies, and it puts you in a better position to claim the compensation you deserve.
Second, a lawyer can take away the burdens involved with filing insurance claims and lawsuits. This will give you the time you need to recover, unburdened by formalities and strict deadlines because you know your lawyer will be on top of things.
How do I know if I have a case?
In New York, since car accidents are covered by no-fault insurance, you are prohibited from bringing lawsuits on the matter unless you can show that you have either suffered basic economic losses that exceed $50,000 or you have suffered injuries that satisfy New York’s ‘serious injury’ threshold. Broken bones, loss of sensory vision, loss of hearing, and amputations are injuries that satisfy this threshold.
The best way to find out whether you have a case or not is to contact an accident injury attorney in Manhattan. Most lawyers and law firms offer the first consultation for free, so there is no additional cost involved with going and getting their legal advice. You can decide whether or not to proceed with the lawsuit afterward.
How Does a Lawyer Charge Fees for a Car Accident Case?
How a lawyer charges fees will depend on the lawyer themselves. Most car accidents lawyers in New York take on cases based on a contingency fee basis. This means that you don’t have to pay any costs upfront, and you don’t owe any legal fees if you don’t win the case. The standard contingency fee percentage is around 33.3% or one-third of the settlement. However, this amount is also subject to variations depending on the case.
Is New York a ‘No-Fault’ Insurance State?
Yes, New York is a ‘no-fault’ insurance state. This means that if you are involved in a car accident, you would still be able to claim compensation for things such as medical expenses and lost wages up to a certain extent, regardless of whether you are at fault for the car accident or not.
How Long After a Car Accident Can I File an Insurance Claim in New York ?
You have a period of 90 days from the date of an accident to file a claim with your insurance company.
Should I Accept An Insurance Settlement Offer ?
While it can be tempting to accept the offer and get it over with, we want you to first take a step back and ask yourself some important questions. Will the settlement cover all the costs? Will it account for any future expenses as well? Keep in mind that insurance companies do not have your best interest at heart and want you to underestimate your own claim when presenting their settlement offer. When you accept a settlement, they will certainly ask you to waive your rights for future action. This means that had you accepted the offer, you wouldn’t be able to take the matter to court, no matter how good your case may be.
At the same time, we understand why you would be hesitant to take matters to court. After all, compared to an insurance claim, the process can be more lengthy and sometimes costly. Therefore, we would recommend that you allow your car accident attorney in NYC to represent you in such proceedings and negotiate on your behalf to finalize a fair and equitable settlement.
What Damages Can I Expect to Claim in a Lawsuit?
After looking at the evidence available, an accident lawyer in New York will present a lawsuit that accurately reflects all the losses you’ve suffered. The damages can be broadly categorized into economic, non-economic, and punitive damages.
Economic damages are for the losses you’ve suffered that have a determined financial value. Losses covered under economic damages include medical expenses, loss of wages, and property damages. Non-economic damages account for losses that are intangible and do not have a set financial value. These include pain & suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
If the court finds the conduct of the party at fault to be particularly reckless, it may award the injured party punitive damages. The purpose of these damages is to punish the party at fault and to deter similar conduct in the future.
How Long After a Car Accident Can I File a Lawsuit in New York?
In New York, the filing of lawsuits is subject to the statute of limitations. It sets a time limit in which individuals can file their respective lawsuits. Failure to file within the time limits means that your right to bring an action on that particular matter will be extinguished.
In New York, the time prescribed in the statute of limitations depends on the type of lawsuit. In car accidents, if you’ve been injured, you file a personal injury lawsuit. Alternatively, if a death has occurred as a result of the car accident, the executor of the deceased’s estate can file a wrongful death lawsuit on behalf of the deceased’s surviving family members. As such, the statute of limitations for the lawsuits is:
- Personal injury lawsuit—3 years from the date of the accident.
- Wrongful death lawsuit—2 years from the date of the death of the deceased.
Can I Claim Compensation If I Am Partially to Blame for the Accident?
Yes, in New York you are still able to claim compensation for a car accident, even if you are partially to blame for the accident, thanks to New York being a ‘no-fault’ insurance state. However, the actual amount you are eligible to receive is susceptible to change depending on the extent of your fault in the accident.
This is due to New York’s comparative negligence law. Under this law, the compensation you are able to claim will be reduced by the extent of your fault in the accident. Suppose an investigation reveals that you are 40% responsible for the accident; your compensation will be reduced by 40%.
Conclusion
As a personal injury law firm in NYC, we understand that you’ll have a lot of questions when it comes to the insurance and legal complexities involved in claiming compensation for car accidents in New York. In this post, we’ve answered some of the most frequently asked questions on the matter, and we hope this will help clear things up. But if you are injured in a car accident, do not hesitate to contact a car accident lawyer in NYC to get the help you need.
