A serious car accident can leave you facing medical bills, missed work, vehicle repairs, and injuries that affect your everyday life. If someone else caused the crash, you may wonder which of these losses can be covered and what compensation may be available.
New York has specific rules governing car accident claims, including its no-fault insurance system and serious injury requirement. An NYC car accident lawyer at Douglas & London can review your accident and help determine which damages may apply to your case.
How Does No-Fault Auto Insurance in NY Cover Accident Losses?
New York operates under a no-fault auto insurance system, so injured people first turn to their own no-fault coverage for certain financial losses, regardless of who caused the accident.
Under New York Insurance Law § 5102, basic economic loss covers up to $50,000 per person for combined expenses such as medical care, lost earnings, and other necessary costs.
The law limits covered lost earnings to $2,000 per month for no more than three years and other reasonable and necessary expenses to $25 per day for up to one year. In addition, no-fault insurance provides benefits without requiring you to prove another driver was responsible.
What Is the Serious Injury Threshold in NY?
New York law limits the time in which someone injured in a car accident can pursue non-economic damages from an at-fault party. One key requirement is that the injury qualify as a “serious injury” under state law.
Insurance Law § 5102 defines serious injury to include:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Certain permanent or significant limitations involving a body organ, member, function, or system
Under Insurance Law § 5104, a covered person cannot recover non-economic damages from another covered person unless the injury meets the serious injury requirement.
Medical records, diagnostic test results, treatment history, and information about how your injuries affect your daily activities can be important in determining whether you meet this threshold.
Economic Damages After a New York Car Accident
New York car accident damages may include both financial and non-financial losses. Economic damages cover financial losses caused by the crash, including:
- Past and future medical expenses
- Lost income
- Reduced future earning capacity
- Rehabilitation and therapy expenses
- Other necessary out-of-pocket expenses
- Vehicle repair or replacement costs
Keeping medical bills, receipts, pay records, and other documentation can help establish the financial impact of an accident.
Non-Economic Damages: Recovering Pain and Suffering in NY
Economic damages do not account for the physical and personal effects of a serious injury. Once the serious injury threshold applies, non-economic damages may compensate for physical pain, emotional distress, loss of enjoyment of life, and interference with normal activities.
A spouse may also have a loss of consortium claim in some cases. This type of claim addresses how the injured person’s condition affects the marital relationship, including companionship and services.
When Punitive Damages May Apply
Punitive damages are different from economic and non-economic damages. Rather than compensating an injured person for a particular loss, they punish especially serious misconduct and discourage similar behavior.
For example, punitive damages may be considered in some drunk-driving cases when additional evidence shows wanton or reckless conduct. Because the standard is high, punitive damages are not available in most New York car accident claims.
How Comparative Negligence Affects Your Recovery
Under New York’s current CPLR § 1411, compensation in a motor vehicle personal injury case subject to the state’s no-fault law may be reduced according to your percentage of responsibility.
For example, if you are found 30% responsible for a crash, your recoverable damages may be reduced by 30%. If you are more than 50% responsible, however, New York law now bars recovery in motor vehicle personal injury cases subject to the no-fault law.
The law also states that a claimant can be barred from recovering in these cases when their share of fault exceeds the fault of the person they are seeking damages from, or the combined fault of multiple defendants.
This makes evidence of how the accident happened important.
How an NYC Car Accident Lawyer Can Help
Determining what compensation is available after a crash can involve more than adding up your medical bills. Your no-fault coverage, the seriousness of your injuries, future financial losses, and your share of responsibility can all affect your claim.
An NYC car accident lawyer at our law firm can investigate the crash, document your losses, determine which damages may be available, and communicate with insurers on your behalf.
If you were injured in a New York City car accident, contact Douglas & London for a free consultation to discuss your case and explore your legal options.
