New York Laws That Can Affect Your Car Accident Claim

There are many New York laws that can affect your car accident claim that many people aren’t aware of until it’s too late. Insurers’ refusal to pay for medical care or other expenses can lead to financial ruin.

Read on for tips from our expert legal team about little-known New York laws that could leave you paying out-of-pocket after a wreck.

The New York State Statute of Limitations for Personal Injury

Because the statute of limitations is somewhat unclear, many car accident victims wait until it’s too late to do a case review with lawyers and lose out on compensation.

For example, if you are injured in a crash, the statute of limitations is three years from the date of your injury. If someone died in the accident, however, you must file within two years.

That means if you think the statute of limitations is three years and you wait two years and one day after the accident, you’re too late.

Modified Comparative Fault

Before you can understand why modified comparative fault law in New York state is a problem for people in accidents, you have to understand liability and how comparative fault works.

If you’re involved in a wreck and you’re found to be no more than 50 percent at fault, you’re entitled to compensation based on the degree you were at fault. This means the insurance companies will reduce the amount of money they pay out to compensate you for your injuries.

The reason why this is problematic is because it discourages people from filing personal injury claims when they’re injured by other people’s negligence. The more restrictive the rules of liability are, the easier it will be for insurance companies and their lawyers to defend against claims made by their policyholders and not pay out what they should.

Therefore, New York’s modified comparative fault law basically creates a disincentive for people who may want and need to seek compensation.

The Golden Hour Rule

The Golden Hour rule is a principle that says no matter who is at fault for a car accident, you have one hour to get treatment at a hospital or other medical facility after the accident.

If you don’t seek medical treatment within that hour, you may be responsible for paying for any injuries you sustained. The reason the rule exists is because of how long it takes for an injured person’s condition to deteriorate after an accident.

For example, if you suffer minor cuts and bruises during an accident but don’t seek medical attention right away, your condition could quickly worsen and become more severe.

In these situations, your insurance company could argue that you have partial liability for any medical costs associated with treating those injuries because you didn’t seek treatment in time.

No-Fault Insurance Coverage Limits

New York’s no-fault insurance coverage limits are problematic because the state requires drivers to purchase a minimum amount of auto insurance, but it doesn’t mandate that you have to have enough coverage to cover the cost of your injuries.

That means if you are hurt in a car accident, you may be left footing the bill for your medical expenses and lost wages yourself.

Exclusions in Insurance Policies

Many people in New York are unaware of the fact that they have an exclusion clause in their insurance policy. Most people buy insurance to protect their assets, but when it comes to car accidents, some folks are shocked to find out they don’t have the coverage they thought they did.

Exclusion clauses are totally legal and allow insurance companies to refuse to pay out on some claims. There are many different types of exclusions in New York. The most common are collision, comprehensive, and coverage for medical payment.

Our Firm Works to Get New York Accident Victims Compensated

Many accident victims have no idea that their medical care or other expenses weren’t covered until they’re forced to file for bankruptcy, but we’ll help you navigate the system and get the compensation you deserve to avoid that scenario.

The New York laws that can affect your car accident claim are hard to understand. Our lawyers are here if you need guidance. Fill out our online form or contact Greenstein & Milbauer at 1-800-842-8462 today.

Start live chat with our team?