If you were involved in a car accident in New York, understanding the state’s no-fault insurance laws and serious injury threshold is important when exploring your options. You may need to seek compensation through your own insurance provider unless your injuries were severe.
Consulting a New York car accident lawyer can also help you understand your rights and options. Learn more about the serious injury threshold and how it applies to your accident below.
The Prevalence of Serious Injury Car Accidents in New York
The New York Department of Health analyzed the number of deaths, hospitalizations, and emergency department visits arising from motor vehicle accidents between 2012 and 2014. This study found an annual average of 146,913 emergency department visits, 12,093 hospitalizations, and 1,098 deaths during this period.
Serious car accidents can lead to a wide range of injuries, such as:
- Traumatic brain injury
- Spinal cord injury
- Broken bones
- Bruises and lacerations
- Organ damage
- Internal bleeding
If you were recently hospitalized after a car accident, you may have the right to seek compensation from the at-fault driver under New York’s serious injury threshold laws. Speak with an injury lawyer in New York to understand your options.
New York’s No-Fault Insurance Laws for Car Accidents
New York is considered a “no-fault state” when it comes to car accidents. Instead of filing a claim through the at-fault driver’s insurance after an accident, you would begin by filing an insurance claim through your own insurance provider.
New York law requires all drivers to carry personal injury protection (PIP) insurance to cover medical expenses and lost wages after a car accident. The mandatory minimum coverage is $50,000 per eligible injured person.
PIP insurance provides the following coverage:
- 100% of reasonable and necessary medical, rehabilitation, and hospital expenses, up to the coverage limits
- A portion of lost earnings for up to three years
- Up to $25 per day for other reasonable and necessary expenses, such as household help or transportation to medical appointments
While the no-fault insurance laws apply to injuries and medical treatments arising from car accidents, this same rule does not apply to vehicle damage. The at-fault driver would be responsible for paying for your vehicle repairs. You could file a claim through their liability insurance, which is also a requirement for New York drivers.
Understanding the Serious Injury Threshold After Car Accidents in New York
New York’s no-fault insurance laws would generally prevent you from seeking compensation for injuries from the at-fault driver after a car accident. However, if your injuries meet the state’s “serious injury threshold,” you may have the right to pursue additional compensation from them. This would indicate that your injuries were severe enough to warrant additional damages.
Car accidents that lead to any of the following meet the state’s serious injury threshold:
- Significant disfigurement: A permanent, visible change to the victim’s appearance
- Dismemberment: Loss of a body part
- Fracture: Any broken bones resulting from the accident
- Loss of a fetus: A pregnant accident victim suffering fetal loss due to the accident
- Permanent loss of use: Injuries that leave the victim permanently unable to use a body organ, member, function, or system
- Significant limitation of use: Injuries that significantly limit a victim’s body function or system, supported by objective findings
- Permanent consequential limitation: Injuries that lead to significant, permanent restriction of the use of a body organ or member
- Substantial disruption to normal activities: Injuries that prevent the victim from performing their normal daily activities for at least 90 of the 180 days following the accident
- Death: Injuries resulting in the victim’s death
Many of these categories are not straightforward and require medical evidence to prove. An auto accident lawyer can help you understand whether your injuries may meet this threshold and collect evidence to support this.
What if Your Accident Meets the Serious Injury Threshold?
If your injuries meet one of the criteria above, you may have the opportunity to pursue additional damages from the at-fault driver through a car accident lawsuit.
This may include your economic damages not covered by the insurance claim, along with non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of quality of life
Many car accident lawsuits settle out of court, which means you may not need to set foot in a courtroom. Your New York car accident lawyer can help you negotiate a fair settlement that reflects your damages.
New York’s car accident statute of limitations is generally three years from the accident date, so be sure to file a lawsuit within this time frame to uphold your right to compensation.
Speak With a Car Accident Lawyer in New York
If you need help understanding the serious injury threshold in New York or determining how to proceed after a car accident, working with an attorney can be helpful. At Ross & Hill, we represent accident victims throughout the compensation process.
We can explain more about the car accident settlement timeline and gather evidence to support your case. Contact us today at 646-351-6222 for a free consultation.
Frequently Asked Questions
Can family members pursue a wrongful death claim after a car accident fatality in New York?
In New York, a deceased person’s personal representative can file a wrongful death claim on behalf of the family. If your loved one died in a car accident that was another driver’s fault, you may be able to pursue legal action against them for financial losses, but the personal representative must file on your behalf.
Is a traumatic brain injury a serious injury under New York’s car accident threshold?
A traumatic brain injury often meets the serious injury threshold. You would just need to show that it falls under one of the qualifying categories, such as significant limitation, permanent consequential limitation, or the 90/180-day category.
What is the average settlement for a car accident in NY?
The average settlement for a New York car accident case can vary depending on the severity of injuries and other factors. A New York car accident lawyer can help you seek a fair settlement.
