We’re about to tell you everything you ever wanted to know and more if you were in a car accident in New York. You’ll learn what you need to do after your accident and what the average settlement is for a car accident New York.
New York Choice No-Fault Car Insurance Rule
This is the key to understanding how car accident settlements in New York work. The choice no fault insurance rule basically says that no matter what the first thing to do after an accident you should reach out to your insurance and go through them. It is very rare that the other driver can be held liable for an accident. The only way is if you have a “serious injury”. This is defined as broken bones at a minimum and typically needs to be much more severe.
How Long Do I Have To File A Lawsuit After My Car Accident?
After you’ve regained your composure after your car accident, you will want to reach out to a lawyer. In New York statute of limitations is the law that determines how long you have to file a lawsuit. It states that you have 3 years from the date of your car accident to file a lawsuit for personal injury as well as 3 years for property damages. These time frames only effect court cases.
The one exception to this is if your accident involved any type of government vehicle. In this case the laws are different but you will need to file quickly in this case, often within 90 days of your accident.
Comparative Fault Rules In New York
If you’ve been hurt in an accident New York, the law determining your compensation takes into account what percentage at fault you are in the accident to determine the amount you will receive in your settlement. Let’s look at an example:
Let’s assume you are in a car accident in New York City or upstate and the total damages (missed work, property damage, medical bills) add up to $100,000. The jury determines that you are 10% at fault for the accident. You would then receive $90,000, 10% less than the $100,000 based on your fault percentage. If your liability is greater than 50% you will not be eligible to collect any settlement.
If you have any questions that you are looking for further details, please visit New York’s Department of Transportation website here.
What’s The Average Settlement For A Car Accident In New York?
If you’d like to see how much your accident settlement may be worth, please fill out this form and a New York car accident attorney will reach you shortly.