Car accidents happen all the time, and plenty of people have experience with them. Whether injuries are severe or relatively minor, you may take legal action to get financial compensation, and your first step should be to hire a lawyer.
In New York, drivers are required to carry no-fault insurance that covers them regardless of who is at fault in an accident. Unfortunately, no-fault insurance laws restrict drivers from suing for auto accidents unless they have a “serious injury.” If you are interested in filing a lawsuit, an attorney can review your injuries and determine if they meet the legal threshold, allowing you to sue.
Speak to our car accident lawyers by calling Basch, Keegan & Spada at (845) 303-2748 and ask for a free, private legal review to start your case.
How Does Car Insurance Affect Your Car Accident Claims in Colonie, NY?
Auto insurance claims are very common after accidents, and most drivers will probably file one before pursuing a lawsuit. New York’s insurance laws may limit your ability to sue, and you should review your legal options with your lawyer.
No-Fault Insurance Laws
Under New York law, drivers must have no-fault insurance, also called personal injury protection (PIP). After an accident, drivers file first-party claims with their PIP coverage, and they may be covered regardless of who is at fault.
While no-fault insurance can help drivers get compensation a bit faster, there are some drawbacks. Specifically, New York’s laws restrict drivers’ ability to sue at-fault drivers for damages.
Limited Ability to Sue
You cannot sue the at-fault driver in a car accident unless you have “serious injuries,” which are discussed below.
Serious Injury Rule
Again, if you want to file a lawsuit for a car accident, you will need to prove that you have a serious injury. Under the law, such injuries must include at least one of the following:
- Dismemberment
- Significant disfigurement
- Loss of a fetus
- Fractures
- Permanent loss of use of a bodily organ, function, member, or system
- Permanent consequential limitation of use of a bodily system, organ, member, or function
- Significant limitation of the use of a bodily function or system
- Death
What Damages Should You Include in a Car Accident Case?
If you manage to file a lawsuit and take your claims to court, you should speak to your attorney about what damages you should claim. If damages are left out of your initial complaint, they may not be considered when damages are decided.
Costs of Medical Treatment
If you are filing a lawsuit, your injuries must be considered “serious” within the definition of the law. Serious injuries often require more extensive treatment and may result in higher hospital bills. These medical costs must be accounted for in your damages.
Vehicle Repairs or Replacement
The damage to your car must also be considered. Whether you need expensive repairs or an entirely new car, these costs may be astronomical. Retain any receipts or invoices regarding vehicle repairs to include in your damages.
Damaged Personal Items
People often keep various personal belongings inside their cars. These could include expensive electronics, like laptops and tablets. Cell phones, wallets, and even jewelry are often damaged or lost in accidents. The value of these items should be accounted for in your case.
Loss of Income
Your injuries may be serious enough to prevent you from going back to work. If this happens, you may lose income when you really need it. Keep thorough records about how long you are unable to work and how much income you lose.
If you are so badly hurt that you do not expect to return to work for the foreseeable future, our car accident lawyers can help you claim lost future income.
Pain and Suffering
The trauma of the accident, pain from your injuries, and the distress of your situation may weight heavily on your mind and body. Although pain and suffering are difficult to measure in terms of money, these painful experiences should be included in your claims for damages.
How Do You Start a Car Accident Lawsuit in Colonie, NY?
Starting a car accident lawsuit is not easy, and you should not attempt to do so on your own. Get a lawyer to help you as soon as possible.
Gather Information About the Accident
First, we need to gather as much information about the accident as possible. Basic details about the people involved, the crash location, and injuries and damage should be collected immediately. When filing a lawsuit for a car accident, we must fully explain the circumstances of the accident to the court.
Draft a Formal Complaint
Your lawsuit begins after we draft and file an initial complaint. The complaint is a formal document that contains extensive, specific details about the accident, who was involved, how you were injured, your claims for damages, and evidence to support those claims.
We do not need to provide enough information to meet our burden of proof, but we must be able to show that your claims have merit and that you have a legally valid cause of action.
Notify the Defendant Immediately
Once a formal complaint is filed, we must immediately serve the defendant with notice of the case. If notice is not served to the defendant within 120 days, the case could be thrown out. If notice is served but not in accordance with strict legal procedures, the defendant may ask the court to dismiss the case.
FAQs About Car Accident Cases in Colonie, NY
How Do You Identify the Driver Who Caused a Car Accident?
To properly identify the at-fault driver, you should exchange information with all drivers at the accident scene. If it is not obvious from the start who caused the accident, we may investigate and examine the evidence to determine who is responsible.
Do You Need to Call the Police About Your Car Accident?
If your accident is serious, involves injuries or death, or there is extensive vehicle damage, you must call the police. The police can investigate the accident and render emergency aid until medical personnel arrive.
How Much Time Do You Have to File a Civil Lawsuit for a Car Accident in Colonie, NY?
In New York, plaintiffs who file personal injury lawsuits, such as car accident cases, must do so no later than 3 years after the accident. If you do not file on time, you may be barred from filing the case at all.
What Should You Do Immediately After a Car Accident?
After an accident, you must stay calm and call for help. If you are injured, remain where you are and wait for medical personnel to arrive. If you are able, try to document the scene, talk to other drivers, and exchange information with others.
Ask Our Colonie, NY Car Accident Lawyers for Help with Your Claims
Speak to our car accident lawyers by calling Basch, Keegan & Spada at (845) 303-2748 and ask for a free, private legal review to start your case.