The most common type of auto accidents we see are rear-end collisions, which is where one car crashes into the car in front of them. We also see a lot of T-bone collisions, where the impact is on the side of a car (sometimes called broadside collisions). These types of accidents often occur at intersections. We also represent individuals injured in trucking, motorcycle and pedestrian auto accidents.
What are the top Misconceptions Regarding Auto Accident Claims?
The most important misconception is that people tend to think the at-fault driver’s insurance company is on their side, and will take care of them. The reality is that the insurance company for the at-fault driver is trying to save as much money as possible. They do not have the injured victim’s best interest in mind. They have the insurance company’s interest in mind. Another misconception is that simply because you are injured in an accident, the insurance company will offer a settlement no matter what. In New York, that is not the case.
Your injury must meet specific criteria, sometimes called the “Serious Injury Threshold”. There are certain injuries that qualify under New York law where injured parties are compensated. There are other types of injuries that the only remedy those injured parties are entitled to, is payment of their medical expenses through no fault (the injured party’s own insurance company).
What are the Liability Laws Regarding Auto Accidents in New York?
Under New York liability laws, any person who is involved in an accident is entitled to get their medical treatment and have that treatment paid for by their own insurance carrier, which is the “no fault” or PIP side of their own insurance carrier. It means that no matter who is at fault in the accident, your own insurance company is going to be the one paying for all your medical bills (up to $50,000 in most instances). That is the basic no fault paradigm.
What is Pure Comparative Negligence? how Does it Affect an Auto Accident Claim?
Comparative negligence is a legal defense; the defendant (presumably at fault for the accident) can reduce the amount they owe in damages by the percentage of the injured party’s own negligence. If a case goes to trial, and the jury apportions one person at sixty percent at fault, and the other driver at forty percent fault, and then comes up with the total amount of damages, the amount recovered will be reduced by the percentage apportioned to the plaintiff, who is the injured party. On the flipside of that, in a comparative negligent state, like New York, even if the other driver, assuming it is a two-car accident, is found to be one percent responsible, their insurance company has to pay damages. Therefore, that can be important in particular in cases involving very serious injuries.
What is the Statute of Limitations for Bringing an Auto Accident Claim in New York?
In general, the statute of limitations in New York is three years. That assumes, however, that the defendant driver and owner of that car are private citizens. Where the accident involves a municipally owned vehicle, that statute of limitations may change, and there may be additional procedural requirements, like a notice of claim, or a shorter statute of limitations. The same can be said if we are alleging that the car accident was caused by some type of defect in the roadway, or problems with signage on a highway. Any claim that can be attributed to a municipality’s negligence is going to be subject to a shorter statute of limitations. This is usually a year and ninety days in New York, and there is going to be that additional requirement that a notice of claim must be filed within those ninety days of the accident.
What Does Someone Need to do in Order to File an Auto Accident Claim?
Once the accident happens, the first and most important thing to do is make sure that you get the required medical treatment, and the help and assistance you need. If you were able, you would also want to take photos of the accident scene and your injuries, and obtain the other driver’s insurance information, including their license plate. You need to call the police, and file a police report indicating what happened. You would also then want to notify your insurance company, and depending on the situation, maybe the other driver’s insurance company as well. They open a file right away after they are notified of the accident. Those would be the initial steps. Once you have accomplished that, the next call should be to a personal injury attorney.
For more information on Auto Accident Claims In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.
