New York Auto Accident Claim – Important Considerations

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According to New York Police Statistics, there were 9,183 traffic collisions in New York City in November 2021. Of these, 525 occupants were injured and 6 people died. Therefore, car accidents are a real possibility while driving in the Bronx.

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It is important to note that there are specific state laws and New York is no exception. New York has special regulations that you should know about if you are able to pursue a personal injury claim in New York, especially if you are from another state.

Let’s take a look at some of these critical differences so that you don’t make assumptions based on the state you live in that might lead you to failure.

The New York statute of limitations

You have a limited period from the date of the accident, during which you must initiate your file. If you don’t do it within the prescribed time frame, your lawsuit will likely be dismissed by the court.

In New York, this deadline was set at three years from the date of the accident. It is therefore crucial to launch your file within this period. As this time fluctuates between different states, it is essential to note that it is relatively short in New York.

The sooner you name a New York car accident lawyer to represent you, the better.

It is not true that the legal fees are so high that the average person cannot afford to litigate. On the contrary, the first consultation is usually free and lawyers are often willing to work on a contingency base. Therefore, you only pay them if they are successful in getting your reward.

New York is a “no-fault” auto insurance state

This means that your first personal injury claim after a car accident applies to your own personal injury protection coverage, regardless of who was responsible for the accident.

It is mandatory to have such insurance coverage in New York to drive a vehicle.

Under no-fault insurance, you cannot claim any pain and suffering or other non-pecuniary damage.

In order for you to be able to exit the restrictions without fail, your case must meet certain specific requirements. If you meet these conditions, you can file a claim with the other driver’s insurance company.

You can only exit the “no-fault” insurance space if your injuries are proven to be “serious” as determined by state law.

What is termed a “serious” injury

If you have suffered any of the following events, your injury is likely to be classified as serious:

If you have been totally disabled for more than 90 days
You have the permanent loss of a body member or organ
You have suffered a bone fracture
You have suffered significant disfigurement
You have suffered a substantial limitation of a function or bodily system

Once you can prove any of these items, you will have the right to go out of bounds for a “no-fault” claim. This will give you the right to sue for additional damages such as pain and suffering and other categories of non-pecuniary claims.

New York has a pure comparative foul rule

The New York Pure Comparative Fault Rule is a plaintiff-friendly rule that allows a claimant to pursue a claim even if the claimant was partly (or even primarily) responsible for the accident.

The quirks of New York law

So, you see, there are some quirks in New York City law regarding auto accident personal injury claims.

Therefore, if you are involved in a potential claim in New York, you would be strongly advised to consult an experienced and knowledgeable Bronx auto accident law firm. This way, you won’t be caught off guard by the intricacies of the law and you will be assisted in securing the maximum number of claims possible following your accident.





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