FAQs About Motor Vehicle Accident Claims In New York
Here are some frequently asked questions to help you understand your legal options when it comes to motor vehicle accidents in New York.
What should I do immediately after a car accident in New York to protect my legal rights?
Once you’ve checked that everyone is safe and called 911 if needed, take these steps:
- Take photos of vehicle damage, road conditions and visible injuries
- Get contact and insurance details from all parties
- Note the witness contact information
- File a police report and get a copy
- See a doctor, even if you feel okay
- Call your insurance company
- Document all accident-related expenses
- Talk to a personal injury attorney before speaking with adjusters
What you do in the first minutes and hours after a car accident can make a big difference in protecting your legal rights.
What is the statute of limitations for filing a motor vehicle accident claim in New York?
In New York, you have three years from the accident date to file a personal injury lawsuit. For accidents involving government vehicles, you must file a Notice of Claim within 90 days and start your lawsuit within one year and 90 days. Wrongful death claims must be filed within two years of the death date.
How does New York’s no-fault insurance system work, and what expenses does it cover?
New York uses a no-fault insurance system (personal injury protection or PIP). Your own insurance company covers expenses regardless of who caused the accident. This includes medical costs, lost wages (up to 80% of monthly earnings, maximum $2,000 per month), necessary expenses (up to $25 daily) for one year and a $2,000 death benefit. Vehicle damage, and pain and suffering must be pursued through a separate claim against the at-fault driver.
How are rideshare accidents (Uber/Lyft) handled differently from regular car accidents in New York?
Rideshare accidents involve different insurance coverage levels based on the driver’s status. When waiting for ride requests, companies provide limited coverage. During trips, coverage increases to around $1 million. Multiple policies may apply, including the driver’s personal insurance, the rideshare company’s insurance and your own coverage. These cases often involve additional factors such as company policies and app-related distractions.
What compensation can I recover in a New York motor vehicle accident case?
If your injuries meet the “serious injury” threshold, you may receive compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress
- Property damage
- Loss of life enjoyment
- Rehabilitation costs
- Home modifications, if needed
The compensation amount depends on injury severity, life impact, permanent disabilities and available insurance coverage.
How does New York’s comparative negligence law impact my motorcycle accident claim if I wasn’t wearing a helmet?
In New York, the comparative negligence law means that if you weren’t wearing a helmet during your motorcycle accident, your compensation could be reduced by the degree of fault assigned to you for failing to wear proper protective gear. Despite this, you can still receive compensation even if you share some of the blame.
What challenges could I face when filing a personal injury claim for a New York City subway or bus accident?
Accidents involving public transportation, like the subway or bus, have unique challenges. For example, claims against public entities such as the MTA have shorter deadlines, requiring a Notice of Claim to be filed within 90 days. These cases often involve multiple liable parties and complex legal guidelines.
If a delivery truck hit me as a pedestrian in New York, can I file a lawsuit against both the driver and the company they work for?
Yes, you may be able to pursue a claim against both the truck driver and the company they work for. Under New York law, employers can be held accountable for their employees’ actions during work.
How does the “serious injury” threshold in New York apply to car accidents, and what qualifies as a serious injury?
In New York, to step outside the no-fault system and file a lawsuit, your injuries must meet the “serious injury” threshold. This includes significant disfigurement, broken bones, permanent disability or an injury that prevents you from conducting your normal activities for at least 90 days within the 180 days following the accident.
In a truck accident case on the New York State Thruway, how do you determine if violations of federal regulations by the trucking company contributed to the accident?
We carefully review driver logs, maintenance reports and compliance with Federal Motor Carrier Safety Administration (FMCSA) rules. If we find violations, it could significantly strengthen your case against the trucking company.
Contact Us Today
If you’ve been injured in a motor vehicle accident, we are ready to help. Call Call or email us today to schedule a consultation at Rutberg Breslow Personal Injury Law and learn more about your legal options.