Being hurt in a car accident has effects far beyond just the vehicle damage. If you faced injuries that keep you from working, your family may be out a paycheck – which can be devastating if you are facing expensive medical bills from the crash.
Work with a lawyer to get your damages paid. New York law only allows a portion of damages to be paid through your own insurance, and a claim, or even a lawsuit, against the at-fault driver may be necessary to get your claim paid in full. Never accept a settlement before reviewing it with your lawyer.
Call the car accident lawyers at BKS Injury Law today at (845) 303-2748 for your free case evaluation.
What Do You Need to Prove in a Car Accident Case?
Most car accident cases are based on a claim of negligence. This says that the defendant is responsible for the accident, not that they injured you on purpose (though you can also sue for intentional vehicular assault).
We can sue any party or parties whose fault contributed to the crash, potentially allowing for partial fault for each defendant.
Duty
First, you must prove the defendant owed you a legal duty. If there was no “right” thing they were supposed to do, then you cannot prove they did anything “wrong.”
Breach
Second, you have to prove they breached that duty. This is the “wrong” action you can sue for. It generally involves traffic violations or simply unsafe or unreasonable driving.
Causation
Third, you must prove that breach caused your crash. If there was another cause, you may have a different defendant to sue. If it was a “freak accident” with no cause or it was an unavoidable accident, then there is no one to sue.
Cause can be divided among multiple drivers, and each can be responsible for their fair share of damages.
Damages
Lastly, you have to prove that they caused you damages. Injuries inherently count, but so do the economic harms you face from the crash.
When Can You Sue for Car Accidents in New York?
New York law limits when you can actually file a lawsuit or even an insurance claim against the defendant.
Serious Injuries Needed
You must have “serious injuries” to sue, or else you can only get damages from your own insurance. Serious injuries include death, permanent injury, permanent limitation, serious disfigurement, and broken bones.
A broken bone is often enough to push your case over the line into “serious.”
Comparative Fault for Car Accidents
If you share fault in causing the crash, you can only sue if your fault is 50% or less. New York law generally allows accident victims to file a claim even up to 99% fault on their part, but this rule is limited in car accident claims.
What Does Your Car Insurance Cover?
Your car insurance is no-fault, meaning that it covers your damages regardless of who caused the crash. However, you may have other damages that you need covered that your insurance will not pay.
Some are covered with additional policy add-ons, while others are not.
Medical Bills
Your PIP (personal injury protection) insurance covers 100% of medical expenses (up to policy limits) for you and anyone injured in your vehicle.
Lost Wages
Your PIP covers lost earnings up to $2,000 per month for up to 3 years.
Expenses
Your daily expenses – housing, groceries, etc. – are included in the lost earnings provision (i.e., they are part of the up to $2,000 per month for up to 3 years).
No Pain and Suffering
Pain and suffering is not covered under your PIP. If you have uninsured/underinsured motorist coverage (UM/UIM), that may cover these damages as though standing in the defendant’s shoes. However, you need serious injuries to sue the defendant or get coverage this way anyway.
Other Potential Add-Ons
Your policy might have additional coverage options, such as UM/UIM, collision coverage to cover vehicle damage, and additional bodily injury coverage.
What Damages Do You Need?
You can claim compensation for most economic damages you suffer in a car accident, plus more for non-economic damages if you meet certain severity thresholds. No amount is too high or too low. This can include compensation for
- Medical bills
- Lost wages
- Vehicle repairs
- Other incidental costs.
How Long Do You Have to Sue?
New York law gives you 3 years to file a car accident claim in court. If you miss this deadline, your claim may be shut down by the court or by the defendant.
Your insurance may have much shorter reporting and filing deadlines, so check with your lawyer and consult your policy to learn how quickly you have to act.
How to Get Pain and Suffering Damages in a Car Accident in Hyde Park
To get pain and suffering damages, you need to take a few steps:
- Document your pain and suffering so you can use things like journals to prove how bad it was and what the effects of your injury were.
- File a third-party injury claim against the defendant’s liability insurance or sue them in court. You cannot get pain and suffering from a first-party PIP claim.
- Prove you have serious injuries. You must meet this threshold to claim non-economic damages.
Who Covers Vehicle Damage?
The defendant and their insurance should be the ones to pay for vehicle damage and repairs in any car accident case. Vehicle damage is not part of PIP/first-party benefits.
However, if you have collision coverage on your policy, you can pay a deductible to have your insurance cover it and take care of the repairs before you make a claim against the defendant. Then, when that claim is successful, your insurance company will simply get paid back for what they already covered for you, and you potentially get your deductible back.
Call Our Car Accident Lawyers in Hyde Park Today
Call Basch, Keegan & Spada’s car accident attorneys at (845) 303-2748 to discuss your case for free.