In the busy streets of New York, rear-end accidents are quite common. These accidents often result in a range of injuries, such as whiplash, back injuries, and concussions, to name a few. When claiming compensation for injuries suffered in such an accident, many people assume that they can take the responsible party to court right away. However, under New York’s no-fault insurance system, this is not the case. In fact, you are only allowed to sue for car accident injuries under very limited circumstances. In this post, as your accident lawyer in New York, the team at Alex Yadgarov & Associates will explain how New York’s no-fault insurance rules apply and when you may be eligible to step outside and sue.
How Does New York Law Approach Rear-End Accidents?
A rear-end accident occurs when one vehicle crashes into the back of another vehicle in front of it. Driver error, including actions like speeding, distracted driving, and tailgating (following too closely), accounts for most of these accidents.
According to Section 1129 (a) of the New York Vehicle and Traffic Law (VTL), it states that a driver must not follow another vehicle closer than is “reasonable and prudent.” As such, when a rear-end accident occurs, it is presumed that the driver at the back failed to be reasonable and prudent. However, this is a rebuttable presumption that can be challenged by presenting evidence to the contrary.
How Does New York’s No-Fault Insurance System Work?
In New York, when a person is injured in a car accident, they must first go through the no-fault insurance system. Under this system, your personal injury protection (PIP) plays a huge role.
In New York, PIP insurance is part of the minimum mandatory insurance coverage that all drivers registered in New York must have. It can be called to cover medical expenses, lost wages, and other relevant expenses resulting from an accident. It is also known as ‘no-fault’ insurance since the compensation is provided, regardless of fault.
As mentioned above, it covers only economic losses. Non-economic damages such as pain and suffering will not be compensated. A standard PIP coverage has an upper limit of $50,000, but this limit can be increased by purchasing supplemental coverages.
When Can You Step Outside the No-Fault System?
You are only allowed to step outside the no-fault system and file a personal injury lawsuit to claim additional compensation when:
- The basic economic damage suffered exceeds $50,000; or
- The victim has suffered a “serious injury.”
According to Section 5102(d) of the New York Insurance Law, a person is said to have suffered a ‘serious injury’ if the accident results in one or more of the following:
- Death
- Dismemberment
- Significant disfigurement
- The loss of a fetus
- Permanent loss of the use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member, or
- Significant limitation of use of body function or system.
If you can show that one or more of the above injuries resulted from the accident, you satisfy the serious injury threshold.
If successful, you can use the lawsuit to claim compensation for both economic and non-economic damages such as pain and suffering, loss of enjoyment of life, loss of consortium, etc. Also keep in mind that the lawsuit must be filed within three years of the date of the accident. If you fail to comply with the statute of limitations, you will lose the right to claim compensation.
What Evidence Can Strengthen Your Rear-End Accident Claim?
When you’re looking to build a case that can lead to a favorable settlement, here are some key pieces of evidence that can help.
- Medical records (prescriptions, X-rays, MRI scans)
- Police reports
- Witness statements
- Photographs and videos of the accident and damage
- Pay stubs and invoices
- Expert testimony
What Should You Do After a Rear-End Accident?
When you are involved in an accident, what you do (and don’t do) after an accident can have a major impact on the final settlement.
- Call 911 and report the accident.
- Move to a safe location, but do not leave the scene of the accident.
- Seek immediate medical attention, even if the injury appears minor.
- Gather evidence at the scene (photographs and videos), and exchange contact and insurance information with the other driver.
- Contact your car accident lawyer in NYC to understand your rights and liabilities.
- Contact your insurance company and inform them about the accident.
- Do not leave the scene of the accident until the authorities arrive. (Remain only if you are not injured.)
- Do not refuse or delay medical treatment.
- Do not become confrontational with the other driver.
- Do not admit fault or apologize for the accident.
- Do not make any recorded statements to insurance adjusters.
- Do not post about the accident on social media.
Conclusion
If you’ve been injured in a rear-end accident in New York, contact Alex Yadgarov & Associates today. As your accident lawyer in NYC, we will work to build a case that will help you get the compensation you deserve, within and beyond the no-fault system. Schedule your free consultation with us today!
