Understanding Your Rights After a Car Accident in New York
Car accidents in New York can have severe, life-changing impacts, leaving victims to cope with serious injuries, emotional trauma, and financial burdens. Navigating the legal aftermath can be particularly challenging due to New York’s specific laws and regulations. At the Law Offices of G. Martin Meyers, P.C., our skilled car accident lawyers are committed to helping clients throughout New York pursue the compensation they deserve. With over a century of combined legal experience, our team is here to provide comprehensive guidance and representation tailored to your unique case.
Comprehensive Legal Assistance for New York Car Accident Victims
After a car accident in New York, knowing what steps to take and understanding your rights under state law is essential. Our attorneys have a deep knowledge of New York’s no-fault insurance rules, the “serious injury” threshold, and the pure comparative negligence system. We work closely with you to develop a customized legal strategy that addresses all aspects of your case, from insurance claims to potential lawsuits, to ensure you are positioned for the best possible outcome.
Understanding New York’s No-Fault Insurance System
New York is a no-fault insurance state, meaning that your insurance policy provides coverage for medical expenses, lost wages, and other economic damages regardless of who was at fault for the accident. This coverage is known as Personal Injury Protection (PIP) and is required for all drivers in New York. However, while PIP offers immediate relief for economic losses, it restricts your ability to sue the at-fault party unless your injuries qualify as “serious” under New York law.
The “serious injury” threshold includes injuries such as death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent loss or use of a body organ or function, or an injury that prevents you from performing daily activities for at least 90 days out of the 180 days immediately following the accident. If your injuries meet these criteria, you may be eligible to pursue a personal injury lawsuit against the driver who caused the accident to recover both economic and non-economic damages.
Who Can Sue in New York Car Accidents?
Even in a no-fault state like New York, car accident victims still have the right to sue the at-fault driver if their injuries are deemed “serious” by law. This allows you to seek compensation for non-economic damages, such as pain and suffering, that are not covered by PIP. If your injuries do not meet this threshold, your recovery will generally be limited to what is provided by your own insurance coverage.
Moreover, New York follows a “pure comparative fault” rule. Under this rule, you can recover damages even if you are partly to blame for the accident. However, the compensation amount will be reduced by the percentage of fault attributed to you. For example, if you are 20% responsible for the accident, you will receive 80% of the total awarded damages. This system makes it possible to recover compensation even when fault is shared but underscores the importance of having strong legal representation to minimize your assigned liability.
Important Steps to Take After a Car Accident in New York
The actions you take immediately after a car accident can significantly impact your ability to file a successful claim or lawsuit. Here are some critical steps to follow:
1. Seek Immediate Medical Attention: Always prioritize your health. Even if you feel fine, getting a thorough medical evaluation is crucial, as some injuries may not manifest symptoms immediately.
2. Document Everything at the Scene: Take photographs of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses and exchange details with the other driver(s).
3. File a Police Report: Contact the police and ensure an official accident report is filed. This document can provide essential evidence when negotiating with insurance companies or pursuing a lawsuit.
4. Notify Your Insurance Company Promptly: Inform your insurance provider about the accident to start the process for PIP benefits. Be cautious about making statements that could be used against you or admitting fault.
5. Consult with an Experienced Car Accident Lawyer: Contact a knowledgeable attorney who understands New York’s car accident laws. Legal counsel can help you navigate the claims process, understand your rights, and develop a strategy to maximize your compensation.
New York’s Statute of Limitations and Comparative Fault Rules
If you are considering filing a lawsuit after a car accident, it’s crucial to understand New York’s statute of limitations. For personal injury cases, you have three years from the accident date to file a claim. For wrongful death cases, the statute of limitations is two years from the date of death. Missing these deadlines can bar you from seeking any legal recourse.
New York’s pure comparative fault rule also plays a critical role in determining the compensation amount. Even if you are partly at fault for the accident, you can still recover damages, but the amount will be adjusted based on your level of fault. Having strong legal representation is essential to minimize your fault percentage and maximize your potential recovery.
Why Work with the Law Offices of G. Martin Meyers, P.C.?
Choosing the right attorney can have a profound impact on the success of your car accident case. Here’s what sets us apart:
• Extensive Experience: With over 100 years of combined experience handling car accident cases across New York, our team understands the complexities of the state’s legal environment.
• Tailored Legal Strategies: We don’t believe in one-size-fits-all solutions. We carefully review the details of your case to develop a personalized legal approach that meets your specific needs.
• Compassionate and Vigorous Advocacy: We are committed to treating every client with empathy and respect while aggressively pursuing the compensation you deserve.
Get the Support You Need from Our New York Car Accident Lawyers
If you or a loved one has been injured in a car accident in New York, don’t try to handle the legal challenges on your own. Reach out to the car accident attorneys at the Law Offices of G. Martin Meyers, P.C., to discuss your situation and learn how we can help you pursue the compensation you deserve. Our team is here to assist you at every stage of the process.
Steps to Ensure Maximum Compensation After a Car Accident in New York
To increase your chances of securing maximum compensation, consider the following steps:
• Keep Detailed Records: Maintain thorough documentation of medical treatments, expenses, lost wages, and any other costs related to the accident.
• Follow Your Doctor’s Advice: Adhering to prescribed medical treatments and follow-ups is essential to demonstrate the seriousness of your injuries.
• Avoid Speaking with the Other Party’s Insurance Adjuster Without Legal Representation: Insurance adjusters may try to get you to admit fault or accept a low settlement. Always consult your attorney before making any statements.
• Don’t Delay Legal Action: Timeliness is critical in personal injury cases. The sooner you consult with an attorney, the better your chances of a successful outcome.
Why Choose the Law Offices of G. Martin Meyers, P.C.?
When it comes to choosing the right legal representation for your car accident case, experience and dedication make all the difference. Here’s why clients throughout New York trust us:
• Deep Knowledge of New York Car Accident Laws: We are well-versed in New York’s no-fault insurance rules, the serious injury threshold, and the comparative fault system, enabling us to navigate your case effectively.
• Focus on Client Satisfaction: We prioritize achieving the best outcomes for our clients and are dedicated to providing personalized service and support.
Contact Us Today for a Free Consultation
Don’t wait to seek the help you need. Contact the Law Offices of G. Martin Meyers, P.C. today for a consultation. Let us help you understand your rights and pursue the compensation you are entitled to.
(973) 625-0838 
