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Receiving Compensation for Car Accident Injuries in New York

Your Right to Compensation Under New York Accident Laws

Receiving compensation for car accident injuries in New York varies depending on a number of factors.

No-Fault Accident Coverage

First of all, New York is a no-fault insurance state. If your injuries and damages are not serious or extensive, then you would file a claim with your insurance company. The insurance coverage pays for medical bills, lost income and other crash expenses up to a certain extent based on the insurance policy. However, when injuries meet the severe injury threshold under NY Insurance law, you have the right to sue the at-fault party for damages.

How Courts Determine Fault and Relate It to Compensation

When a lawsuit arises, all states base car accidents on negligence, which is a legal term. Negligence refers to the failure to follow traffic laws, drive carefully or act as a reasonable person would act to prevent injury.

If you had no fault at all in causing an accident, you can sue the other driver and expect the driver’s insurance company to pay for all your damages. Compensation for damages typically include medical bills, lost wages and expenses for other losses suffered.

However, in many accidents, both drivers had some fault in causing the collision. New York bases such car accident cases on a pure comparative fault rule. In other words, the court will assign a percentage of fault to each party in the accident. Perhaps one driver was 70 percent at fault and the other was 30 percent at fault. For example, the court assigns 70 percent fault to the driver who ran the red light. The injured driver in the other car wasn’t wearing a seat belt, so the court assigns 30 percent of the injuries sustained based on that fact.

However, in New York, if the other driver had any percentage of fault at all, you can sue to recover damages. An attorney can advise you on the matter.

Consult with an Experienced Attorney About Compensation for Car Accident Injuries in New York

Our attorneys at Sackstein, Sackstein & Lee, LLP can answer your questions in a free consultation and determine whether grounds exist to sue. Call us at  516-248-2234 or 718-539-3100 or reach out to us through our contact form.

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