Vehicle accidents happen all the time, and some drivers are badly hurt. While your insurance may be a big financial help, it does not cover all damages in an accident. An attorney can help you get the financial compensation you deserve.
Car accident cases in New York generally begin with insurance claims. Drivers are required to have no-fault personal injury protection (PIP) insurance, and they must file a claim within 30 days of the accident. If you have “serious injuries” as defined by law, an attorney can help you bring a claim against the at-fault driver. The way insurance laws affect car accident lawsuits in New York is tricky, and you should hire a lawyer to help you.
Ask our car accident attorneys at Basch, Keegan & Spada for a free, confidential case evaluation when you call (845) 303-2748.
How to Begin a Car Accident Lawsuit in Warwick, NY
Starting a car accident lawsuit is more difficult than you might think. It is a smart idea to consult a lawyer before initiating any legal action.
No-Fault Insurance
Drivers must file first-party claims with their no-fault, personal injury protection (PIP) insurance. All drivers in New York are legally required to have PIP insurance.
You are covered without needing to prove fault. In fact, you could be totally responsible for the accident, and your PIP insurance should still cover you. Drivers typically must begin the insurance claims process within 30 days of the accident.
Serious Injury Requirement
If you want to sue the at-fault driver for the accident, you must get around New York’s “serious injury” rule. Only drivers with serious injuries, as defined by law, may file a civil lawsuit for a car accident. Such injuries include…
- Significant disfigurement
- Dismemberment
- Loss of a fetus
- Permanent loss or limitation of a bodily organ, function, system, or member
- Significant limitation of a bodily function or system
Filing a Formal Complaint
If you have a qualifying injury, you may file a lawsuit against the at-fault driver. To do so, we must file a formal complaint with the court. The complaint must spell out all the details of the accident, including when, where, and how it occurred. Our car accident lawyers must also include information about your injuries and damages, as well as the kind of compensation we believe you are entitled to.
We must also include some evidence of your claims with the complaint. While we do not need to present enough evidence in the complaint to meet our burden of proof, we must include enough to establish a valid cause of legal action.
Can You Sue for a Car Accident if You Are Uninsured?
Yes, with limits. Some states have “no pay, no play” laws that block uninsured drivers from suing for car accidents. Recent changes to New York’s laws do not block lawsuits entirely, but they cap claims for non-economic damages at $100,000 if the driver is uninsured.
Available Damages in Car Accident Lawsuits
Damages are specific to each case, and your damages will depend on your injuries, vehicle damage, and other losses.
Medical Costs
You may have suffered painful injuries because of the accident, and you should get immediate medical attention. Unfortunately, medical care comes with a hefty price tag, and you might be dealing with high medical costs that should be accounted for in your claims for damages.
Lost Income
As you recover from your injuries, you may need time away from your job. For many, this means losing valuable income at a time they need it the most. The longer you cannot work because of your car accident injuries, the more damage you should claim.
Property Damages
Your vehicle may need extensive repairs or be totaled. Either way, you are likely facing substantial property damage and high costs. Not only that, but you might have lost numerous personal items that were inside your vehicle. Your lawyer can help you calculate the value of your property damage and make sure it is reflected in your claim for damages.
Pain and Suffering
Your PIP insurance does not cover non-economic damages for pain and suffering. As such, you may need to file a third-party insurance claim and/or a lawsuit to cover those damages. These damages should reflect the physical pain of your injuries and any psychological and emotional distress you have experienced.
How Long After a Car Accident in Warwick, NY Should a Driver File a Lawsuit?
The statute of limitations for personal injury lawsuits is only 3 years. If you do not file a lawsuit within 3 years of the date of the accident, you may be time-barred and can never file your lawsuit. You should contact an attorney for help as soon as possible.
While 3 years sounds like plenty of time, it can take many months or even years to fully prepare a lawsuit.
What Do You Need to Prove Fault for a Car Accident?
Before you receive any financial compensation from the defendant, we need evidence to support your claims and prove how they are responsible for the accident.
Photos from the Accident
Did you take any pictures of the accident? This is common, and many drivers take pictures to send to insurance companies as proof of their claims. If your case proceeds to a full trial, your photos may be admitted into evidence.
Video Footage
We should try to obtain any video footage of the accident. Private security cameras or dashcams may have recorded the accident, and a video of the crash can be very powerful evidence. Often, video evidence is difficult for defendants to dispute, especially if it clearly depicts them behaving negligently.
Witnesses
Other drivers, passengers, pedestrians, and people who stopped to help may be called to testify as witnesses. The more people who can testify and back up your version of events, the better. Witness testimony can be very persuasive to a jury when the witness has a clear memory and is confident in their testimony.
Speak to Our Car Accident Attorneys in Warwick, NY About Your Claims
Ask our car accident attorneys at Basch, Keegan & Spada for a free, confidential case evaluation when you call (845) 303-2748.