New York Car Accident Settlement Guide

The city of New York is renowned for its vibrant energy, bustling streets, and iconic landmarks. But beneath the hustle and bustle of this busy metropolis lies a darker side – a side that has seen countless car accidents over the years, resulting in some devastating outcomes.In 2019 alone, there were more than 130,000 car accidents in NYC. If you’ve been injured or suffered permanent damage due to an accident in New York City, it’s important to know your rights when it comes to filing a car accident settlement claim.

• How Much Is Your Car Accident Settlement Worth?

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• How Much Is My Car Accident Settlement Worth?

How Do Car Accident Claims Work in New York

New York City is a no-fault state. This means that if you are injured in a car accident, your own insurance company will pay for your medical expenses and lost wages, up to your policy limits, regardless of who was at fault. However, you may be able to file a lawsuit against the other driver if you have suffered serious injuries.

How to File an Insurance Claim

If you have been injured in a car accident, your first step should be to file an insurance claim with your insurance company. You will need to provide the insurance company with information about the accident, such as the date, time, and location of the accident, as well as the names and contact information of the other drivers involved. You will also need to provide the insurance company with medical records and other documentation related to your car accident injuries.

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 to File a Car Accident Lawsuit

If you cannot reach a settlement with the other driver’s insurance company, you may need to file a personal injury lawsuit. A personal injury lawsuit is a civil lawsuit that is filed against the person or entity that caused your injuries. In order to win a personal injury lawsuit, you must prove that the other party was negligent and that their negligence caused your injuries.

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What to Expect in a New York Car Accident Settlement

The compensation you receive in a New York car accident settlement will vary depending on the severity of your injuries and the circumstances of the accident. However, some factors can help to increase the value of your settlement, like:

• The severity of your injuries
• The length of your recovery
• The financial impact of the accident on your life
• The fault of the other driver
• The availability of witnesses
• The quality of your medical care
• The skill of your attorney

If you have been injured in a car accident in New York, you may want to speak with an experienced personal injury attorney. An attorney can help you understand your legal rights and options and can fight to get you the maximum compensation possible.

What is the Average Settlement for a Car Accident Settlement in New York?

The average car accident settlement in New York is around $20,000. However, the amount of money you can receive will vary depending on the severity of your injuries, the length of your recovery, and the financial impact of the accident on your life.

For example, if you have suffered a traumatic brain injury (TBI) in a car accident, you may be entitled to a higher settlement. TBIs can cause a wide range of physical and cognitive impairments, and the cost of treatment and rehabilitation can be very high.

Also, if you have suffered permanent injuries in a car accident, you may also be entitled to a higher settlement. Permanent injuries can include things like paralysis, disfigurement, and loss of a limb. These injuries can have a major impact on your quality of life, and you may be entitled to compensation for your pain and suffering, as well as your medical expenses and lost wages.

It is important to remember that the insurance company will not always offer you a fairauto accident settlement. They are in the business of making money, and they will try to minimize their payout as much as possible. That is why it is important to have an experienced personal injury lawyer on your side. A lawyer can help you understand your legal rights and options, and can fight to get you the maximum compensation possible.

New York Car Accident Settlement Examples

Here are some examples of car accident settlements in New York:

• A 22-year-old woman was awarded $2 million after she suffered a life altering concussion in a car accident on the Long Island Expressway. She had to undergo extensive medical treatment and rehabilitation, and she continues to suffer from the effects of her injury.
• A 35-year-old man was awarded $1.5 million after he suffered herniated discs in his neck and back in a car accident in Nassau County. He had to undergo surgery and physical therapy, and he continues to experience pain and difficulty with mobility.
• A 45-year-old woman was awarded $1 million after she suffered a broken leg with multiple fractures in her femur in a car accident in Suffolk County. She had to undergo surgery and physical therapy, and she continues to experience pain and difficulty with mobility.
• A 55-year-old man was awarded $750,000 after he suffered a concussion and whiplash in a car accident in New York City. He had to undergo medical treatment and rehabilitation, and he continues to experience headaches and neck pain.
• A 65-year-old woman was awarded $500,000 after she suffered a broken arm and multiple bruises in a car accident in Westchester County. She had to undergo surgery and physical therapy, and she continues to experience pain and difficulty with mobility.

How Long Does it Take to Settle a Car Accident Claim in New York?

The amount of time it takes to settle a car accident case in New York will vary depending on the complexity of the case and the willingness of the parties to negotiate. In general, it is important to be patient and to not rush into a settlement. It is important to get the best possible settlement for your case, which may take some time.

New York Car Accident Statute of Limitations

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.

How Can I Maximize My Car Accident Settlement in  New York?

Here are some tips on how to maximize your car accident settlement in New York:

• Get medical attention right away. The sooner you get medical attention, the better your chances of recovering fully. This will also help to document your injuries and make it easier to prove that the other driver was at fault.
• Report the accident to the police. Even if the accident is minor, it is important to report it to the police. This will create a record of the accident and can be helpful if you need to file a lawsuit later.
• Get a copy of the police report. The police report will document the details of the accident, including the names of the drivers involved, the make and model of the vehicles, and the location of the accident. This information can be helpful in negotiating a settlement or filing a lawsuit.
• Keep a record of your injuries and expenses. This includes medical bills, lost wages, and any other expenses that you have incurred as a result of the accident. This information can be used to support your claim for damages.

Do not talk to the other driver’s insurance company without an attorney. The insurance company will try to get you to say things that can hurt your case. It is important to have an attorney present when you speak to the insurance company.

Can You Sue for Pain and Suffering in  New York?

Yes, you can sue for pain and suffering in New York. Pain and suffering is a type of non-economic damages that can be recovered in a personal injury lawsuit. It is intended to compensate you for the physical and emotional pain and distress that you have suffered as a result of the accident.

To recover pain and suffering damages, you must prove that you have suffered actual physical and emotional pain and distress. This can be done through medical records, testimony from doctors and other witnesses, and your own testimony.

It is important to remember that New York operates under the no-fault system, so car accident victims can only recover economic damages under the personal injury protection insurance policy. However, victims can claim pain and suffering damages in personal injury lawsuits brought against the at-fault driver.

How is Pain and Suffering Calculated in  New York Car Accidents?

Auto Insurance Requirements In New York

In New York, all drivers are required to have auto insurance. The minimum coverage limits in New York are:

• $10,000 for property damage
• $25,000 for bodily injury per person ($50,000 for wrongful death)
• $50,000 for bodily injury per accident ($100,000 for wrongful death)

Car Accident and Driving Laws in New York

Here are some of the most important car accident and driving laws in New York:

All drivers must:

• be at least 16 years old and have a valid driver’s license.
• obey the speed limit.
• yield to pedestrians and other drivers who have the right of way.
• use their turn signals when changing lanes or turning.
• wear their seatbelts.
• not drive under the influence of alcohol or drugs.
• not text or talk on the phone while driving.
• be aware of their surroundings and drive defensively.

Dram Shop Law

Dram shop laws, also known as alcohol liability laws, are a type of civil liability law that holds third parties responsible for injuries caused by the negligent or reckless serving of alcohol to an intoxicated person. In New York, dram shop laws allow victims of alcohol-related accidents to file lawsuits against the person or establishment that served the alcohol to the intoxicated person who caused the 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.

New York Accident Settlement Taxes

Generally speaking, personal injury damages and property damages settlements are not taxable by New York or the federal government. In a car accident settlement payout, much of the settlement is usually to pay for physical damages that occur to your body because of the negligence of another party. Thus, this is not taxable. But if you are getting damages only for emotional damages and not for any physical injury, this will be taxable as income at the federal and state level.

Also, whatever you receive in your settlement for property damages is generally not taxable as income. But if you have received punitive damages, be aware that this is always taxable. Punitive damages are awarded to victims above and beyond their medical and property damage bills. These types of damages are intended to punish the defendant who did you harm, which is to discourage that person from doing such a thing again. If you have gotten punitive damages, be certain to talk to a tax professional to ensure that you are paying your taxes property.

While medical bill damages are not usually taxable as income, they will be taxable if you decide to take a medical expense tax deduction in a previous year. This amount would be taxable as income in New York and at the federal level.

New York Car Accident Settlement Calculator:

Have you been involved in a motor vehicle accident or otherwise injured in New York? Find out how much financial compensation you may be legally entitled to in just minutes with our free car accident settlement calculator.

Car Accident Statistics in New York

Here are some car accident statistics in New York:

• In 2021, there were 1,043,038 car accidents in New York.
• This resulted in 2,787 fatalities and 284,025 injuries.
• The most common type of accident was a rear-end collision, accounting for 38% of all accidents.
• The most common time for accidents was between 3 and 6 p.m., and the most common day of the week was Friday.
• The most common age group for drivers involved in accidents was 25-34 years old.
• Alcohol was a factor in 10% of all car accident settlements.
• Distracted driving was a factor in 15% of all accidents.
• Speeding was a factor in 10% of all accidents.

These statistics show that car accidents are a serious problem in New York. It is important to be aware of the risks and to protect yourself and others on the road.

Final Thoughts

There’s no way around it- being involved in a serious car accident is traumatic. But with the right steps taken, like proper medical care and negotiating a fair settlement, you can make sure that you get back on track both physically and financially. No matter how difficult the process. With a dedicated legal team on your side, you can successfully navigate this difficult process.

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