New York is a “No-Fault” Car Insurance State
The most important thing you should know about car accident injury claims in New York is that the state follows a “no-fault” car insurance system. So, if you’re a New York driver who possesses car insurance in the state, you will need to turn to your own car insurance policy to file an injury claim in the event of a car accident. Since car accident injury claims will often result in the injured party receiving a settlement from his or her own car insurance company, there is no need to determine fault for the collision.
However, there are situations where injury claimants can file a claim against a negligent driver who caused the car accident. If the injured party is seeking compensation for other things, such as pain and suffering, then he or she can pursue a personal injury lawsuit in New York.
A personal injury lawsuit is a viable option if the claimant’s injuries include:
- Significant disfigurement
- Severe limitation of a body function or system
- Substantial full disability for 90 days
- Permanent limitation of use of a body limb or organ
- Bone fracture
Comparative Fault in New York
If more than one party is to blame for causing an accident in New York, this type of situation is covered by the “comparative fault” rules. It means that the injured party can recover compensation from any other at-fault party, no matter the degree of the injured party’s own fault. However, any compensation recovered will be reduced by a percentage equal to the injured party’s share of liability for the collision.
If you suffered a serious injury after being involved in a car accident caused by a drunk driver in New York City, contact Belushin Law Firm for a free consultation today.
