When it comes to car accidents, New York is a no-fault state. Insurance companies reimburse motorists for injuries regardless of who was at fault. However, no-fault insurance does not apply to property damage claims.
You may be able to pursue a lawsuit against a drunk driver for damage to your vehicle, but much depends on whether the driver has sufficient insurance coverage or personal assets to make pursuing the claim worthwhile.
A drunk driving accident attorney at Douglas & London can help you pursue compensation for damage to your motor vehicle.
Settlement: $899,999 Auto Accident
A road worker’s truck was struck from behind while parked on the highway during work operations. The plaintiff, a decorated Desert Storm veteran, suffered a herniated disc and required a spinal laminectomy as a result of the crash.
Past success does not guarantee future outcomes.
How no-fault insurance works
Approximately a dozen states follow the no-fault insurance model, and New York is one of them. Every motorist is required to carry a minimum amount of insurance coverage. Current minimum requirements include:
- $25,000 in bodily injury liability coverage per person when the driver is at fault
- $50,000 in total bodily injury liability coverage per accident, regardless of how many people are injured
- $10,000 in property damage liability coverage per accident when the driver is at fault
- $50,000 in no-fault Personal Injury Protection (PIP) coverage
Keep in mind that these are only minimum coverage requirements. Most motorists benefit from purchasing additional coverage to better protect their personal assets in the event of a serious accident.
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Policy limits on auto insurance
The at-fault driver’s insurance company will only pay for vehicle damage up to the policy limits. If the drunk driver carried only the $10,000 minimum property damage liability coverage and your vehicle sustained greater damage, you may not recover more than that amount from their insurer.
However, if you carry collision coverage, your own insurance company may cover the remaining repair costs beyond the drunk driver’s policy limits. This applies regardless of whether your vehicle was in exceptional condition or difficult to replace at current market value.
Comprehensive coverage may apply if a drunk driver damages your parked vehicle. In these situations, the striking driver is generally presumed to be at fault.
Dram shop laws in New York
There may be another avenue for recovering compensation for property damage caused by an underage drunk driver through New York’s dram shop law. If your car was damaged by an intoxicated driver, you may be able to pursue a claim against the bar, restaurant, or social host that provided alcohol to the underage individual.
However, dram shop laws generally do not apply to third parties who legally provide alcohol to adults over the age of 21.
“Serious injuries” and drunk drivers
If you suffered serious injuries caused by a drunk driver, and those injuries meet New York’s legal serious injury threshold, you may pursue a personal injury lawsuit. The same may apply if your economic losses exceed the $50,000 PIP limit.
Under New York law, serious injuries may include:
- Permanent loss of a body organ, system, or function
- Dismemberment
- Significant disfigurement
- Loss of a fetus
The law also permits a third-party lawsuit if the victim cannot perform normal daily activities for at least 90 days during the 180 days following the car accident.
If a family member is killed by a drunk driver, surviving relatives may also pursue a wrongful death lawsuit through a personal injury attorney.
Contact a New York car accident attorney
If your car was damaged by a drunk driver, or if you suffered serious injuries in such an accident, you need experienced legal representation. The New York City personal injury lawyers at Douglas & London are available to help. Contact us today to schedule a free consultation. We will review your case and explain your legal options.
