New York state is a “no-fault” state when it comes to car accident compensation laws, which means that if you get into a car accident in the state, the first thing that you will do is to file a claim with your own insurance regarding the injuries that you sustained as a result of the accident.
However, that is not to say that there are no exceptions to that rule. There are some circumstances under which the injuries that you sustain as a result of a car accident that are extremely severe and not temporary. If that is the case, you can file a claim against the other driver’s insurance company and if you need to go further, you can also file a lawsuit.
What are the exceptions?
The following are exceptions and if any of those apply to you, you will be allowed to proceed with going after the other driver’s insurance or filing a lawsuit.
- If you have broken bones
- If you have become significantly disfigured as a result of the accident
- If any of your organs or limbs have become permanently impaired
- If any of your body functions no longer work or are severely limited
- If you are on substantively full disability for greater than 90 days
If that is your situation, you may also be able to sue for pain and suffering as well as other damages that are not financial. It is important to understand here that you cannot just appear in court and you will win the lawsuit. You will need to prove that the other driver was responsible for the accident. In New York state, if you end up in court, either the judge or jury will examine who is at fault very carefully and the percentage of fault that is determined will be directly tied to the award in the lawsuit.
Getting strong legal representation
If you have been in a car accident and you believe that the other driver is at fault because of negligence, the most appropriate legal advice may really help your case. It is important for you to protect your rights and to hold the responsible person accountable so that you can get a fresh start and move on in your life.
