December 10, 2022

New York Injury Laws That Could Impact Your Accident Claim

One of the reasons it’s not advisable to handle an accident claim without an attorney is that you may not understand all of New York’s injury laws. 

These statutes are crucial because they could impact your accident claim, including robbing you of the chance to pursue compensation altogether. This is the last mistake you should be making when you direly need the settlement to restore your life or adjust to a new reality. 

Allow a car accident lawyer to answer all your questions regarding the case and the law. An attorney can also apply these laws to investigate the accident, collect evidence, and build a solid case that strengthens your claim. 

We have prepared a list of New York injury laws you should keep in mind right from when involved in an accident.

Laws on Reporting a Road Accident

The law requires drivers to call the police and remain on the accident scene if someone or a domestic animal is severely injured or killed. You should also report the crash if you damage a parked vehicle and the owner is not in sight. Penalties for failing to do so include a fine ranging from $500 to $2,500 and anywhere from one to four years in prison. 

An insurance company may also use this as a defense to deny or reduce your settlement.

New York City’s DMV also requires you to report any accident with property damage exceeding $1,000 within 10 days. Failure to do so may cost you a fine and your driving license. 

New York’s No-Fault Insurance Laws

State auto injury laws require car accident survivors to recover damages from their insurance company first, regardless of fault. This is called no-fault insurance. 

Most insurers have a 30-day window period to report your accident, after which it might be impossible to file a claim for the same. 

Unfortunately, victims can only recover economic damages like medical bills, property damage, and lost wages through their no-fault insurance policy. The reality of car accidents is that their effects run deep beyond physical health to impact emotional and mental well-being too.    

Can You File a Third-Party Lawsuit for an Accident in New York?

Even though New York is a no-fault state, the law makes an exception for some cases. You may qualify for a third-party personal injury claim against the liable party if your damages reach the state’s serious injury threshold

Here, the victim can recover non-economic damages as well, such as physical pain and emotional distress. 

You have three years only from when the accident happened to file a claim, or the court will bar you from pursuing a settlement. 

Schedule a Free Consultation with a Car Accident Lawyer

Learn more about New York injury laws and how they may affect your case from a legal expert. Having helped thousands of crash victims get the justice they deserve, the attorneys at Greenstein & Milbauer, LLP, understand state laws to the letter.

Let our car accident lawyers protect your rights to compensation by entrusting the case to us. Call 1-800-VICTIM2 (842-8462) or fill out the online form below to review your claim and determine the best way forward. 

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