See how to protect your safety, legal rights, and financial interests after a motor vehicle accident in New York.
More than 400 people are injured or killed every day on New York roadways.¹
If you are injured in a New York traffic accident, you are entitled to financial compensation for your medical costs, lost wages, and other losses. Here’s what you can do after a crash to protect yourself and start building a strong injury claim.
What to Do After a New York Car Accident
Here are five steps you can take to protect your right to personal injury compensation after an accident.
1. Stay At the Scene and Exchange Information
New York car accident law requires drivers in an accident resulting in personal injury or property damage to stop and provide their name, address, and insurance information to the driver and occupants of the other vehicle. Drivers must also provide their license number at the scene.
A Report of Motor Vehicle Accident must be filed within 10 days of an accident resulting in injury, death, or property damage over $1,000.
2. Call 911 and Help the Injured
Drivers in New York are not legally obligated to render aid to the injured at the scene of a traffic accident. However, drivers are required to report an injury accident to the nearest police station as soon as possible. Calling 911 to report the accident and ask for an ambulance is a fast and practical way to meet the reporting obligation.
3. Seek Prompt Medical Treatment
Never refuse or delay medical attention after a car accident. You could have serious injuries that are not immediately obvious, especially if you are stunned by the sudden impact of a collision.
Prompt medical attention not only helps protect your health, it also protects your right to injury compensation. The insurance company will challenge claims for injuries that aren’t clearly linked to the vehicle accident.
If you aren’t taken to the hospital in an ambulance, go to a hospital emergency department, urgent care center, or your doctor’s office as soon as possible. Ideally, you’ll have a medical evaluation on the same day as the accident. You are entitled to compensation for all your injuries, so tell the doctor about all of your injuries and symptoms, not just the most serious ones.
4. Gather Evidence From the Scene
In no-fault insurance states like New York, you must rely on your own insurance company to cover most injury claims, no matter who caused the accident. When your injuries are serious enough to exceed the no-fault threshold, the burden is on you to prove the other driver was responsible for causing the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation.
Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Notify your own insurance company as soon as possible that you were in an accident and intend to make a claim. New York is a no-fault insurance state, so most car accident injury claims will be covered by your Personal Injury Protection (PIP) coverage.
You must make your no-fault PIP claim within 30 days of the car accident.
If your injuries are serious enough to exceed the no-fault threshold, you’ll need a personal injury attorney to handle the liability claim against the at-fault driver. Your attorney will establish why your injury exceeds the no-fault threshold and will notify the at-fault driver’s insurance company.
New York Fault and Liability Rules
New York is a no-fault state, meaning most car accident injury claims are paid by the victim’s Personal Injury Protection (PIP) coverage.
PIP will pay reasonable medical expenses for injuries arising from a car accident, and 80 percent of your lost wages, up to $2,000 per month for three years if you can’t work because of your injuries. If you need replacement services, such as lawn care or transportation, PIP will pay up to $25 per day.
PIP does not pay for vehicle repairs or non-economic damages, like pain and suffering.
You must make a PIP claim within 30 days of the accident date.
Injuries Exceeding the No-Fault Threshold
New York only allows injured victims to pursue compensation from the at-fault driver when the injuries exceed the no-fault threshold.
Injuries that exceed New York’s no-fault threshold include:
- Death
- Dismemberment or disfigurement
- Broken bones
- Death of an unborn baby
- Permanent limitation on the use of a body part
- An injury that interferes with your activities of daily living for 90 days or more
Victims with injuries that exceed the no-fault threshold can seek compensation for all their damages, including medical expenses, lost income, out-of-pocket costs, and pain and suffering.
New York Shared Fault Rules
New York follows a pure comparative fault rule. You can seek compensation from the other driver even when you share a lot of the blame for your injuries. Your compensation will be reduced in proportion to your percentage of fault.
Example of Pure Comparative Fault in New York
Mathew was driving on Franklin Street in Lackawanna, approaching Apple Avenue. As he drove, Mathew was arguing with his girlfriend over the phone. Although he was using a hands-free device, Mathew didn’t notice that his speed was increasing along with his anger.
Connie was also traveling on Franklin, approaching Apple Avenue from the other direction. Just as Connie was attempting a left turn onto Apple, Mathew came flying into the intersection. Both drivers suffered significant injuries in the side-impact collision.
Connie was cited for making an improper left turn and failing to yield the right of way. Witnesses told police that Mathew was speeding.
Mathew filed an injury claim with Connie’s insurance company, demanding $60,000 for multiple fractures and a concussion. When settlement negotiations failed, the case went to court.
Connie admitted to making the left turn. Her defense attorney presented witness testimony of Matthew speeding and phone record evidence that Mathew was talking on the phone when the accident occurred.
The jury determined that Connie was 75 percent to blame for making a left turn into oncoming traffic. The jury found Matthew to be 25 percent liable because he was speeding and driving while distracted.
The jury awarded $45,000 to Matthew, representing a 25 percent reduction to his claim value.
New York Car Accident Compensation
Insurance companies in New York payout more than $9.7 billion in auto accident claims each year.
A minor to moderate injury claim will typically fall within New York’s no-fault boundaries. Your Personal Injury Protection (PIP) coverage will pay your medical bills, and 80 percent of your lost wages. There is no PIP coverage for non-economic damages.
Talk to an experienced personal injury attorney about a serious injury claim. Claims for injuries that exceed the no-fault threshold will include the full value of present and future medical expenses, lost wages, and the pain and distress of severe injuries.
Average Car Accident Settlements in New York
The average injury settlement for a moderate car accident claim in New York is $42,941, with average payouts ranging from $8,156 to $921,582. Settlements and court awards can range from $1,945 for very minor injuries to more than $4,300,000 for disabling injuries.
Injury settlements can vary widely, depending on the circumstances surrounding the crash, the extent of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.
For example, look at these two rear-end accident cases with low and high payouts:
- In Suffolk County, Esposito v. Fitzgerald, 33542/2011, a jury awarded $1,945 to the victim for soft-tissue injuries. The plaintiff had rejected a $20,000 offer of settlement before trial.
- In Kings County, Hodge v. Service Direction, Inc., 1892/00, the jury awarded $4,303,370 for neck and back injuries. Plaintiff suffered a 50% loss of range of motion in her neck and back.
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Factors that impact New York accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multi-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
When you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to cover everyone’s injuries after PIP is exhausted.
New York State Minimum Insurance Requirements
New York requires all drivers to carry no less than $50,000 in Personal Injury Protection (PIP) and liability coverage of at least $25,000 per person/$50,000 per accident for bodily injuries, and $10,000 per property damage.
New York also requires drivers to have uninsured motorist coverage equal to the liability limits of the policy.
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