We’ve made a list of answers to frequently asked questions regarding New York car accident and insurance laws to prepare you for filing a car accident claim after an accident.
Many people ask us about car accidents in New York and the insurance laws that apply.
New York state car accident laws encompass various aspects, such as liability, insurance requirements, and the statute of limitations for filing claims. Understanding these laws is crucial for both drivers and accident victims to protect their rights and seek appropriate compensation for damages and injuries.
If you suffered injuries in a car accident, please contact New York car accident attorney Anthony A. Ferrante to discuss your legal options.
What Should I Do if I am Involved in a Car Accident in New York Resulting in an Injury?
After a car accident, you should first call 911 to report the accident and request medical assistance. You should also exchange contact and insurance information with the other drivers involved in the accident. If there are any witnesses, try to get their contact information. Taking pictures of the accident scene and vehicle damage is also a good idea.
Do I Need to Call the Police After a Car Accident in New York?
Yes, it is generally mandatory to call the police if you’re in a car accident in New York. You must report the accident to the police if there is any injury or death or if the damage to the vehicles or other property exceeds $1,000.
Related: How Do I Get a Copy of My Accident Report From the NYPD?
What Should I Do if the Other Driver Does Not Have Insurance?
You should still call the police and report the accident. You can also file a claim with your own insurance company. If the other driver is at fault, they may be personally responsible for the damages.
If you have uninsured motorist coverage, you can file a claim with your own insurance company if you have taken out uninsured/underinsured UM/UIM coverage.
Related: What Happens if an Uninsured Driver Hits You in New York?
What is the Statute of Limitations for Filing a Car Accident Claim in New York?
The statute of limitations for filing a personal injury claim is typically three years from the date of the accident. However, some situations can extend or decrease the filing time.
How Much Car Insurance Does New York Require?
In New York, all drivers must have liability insurance with minimum limits of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage.
Car Accident in New York? Reach Out to Ferrante & Koenig 24/7 for Qualified Legal Guidance.
What is No-Fault Insurance in New York?
New York is a no-fault insurance state. That means each driver’s insurance company will pay for medical expenses and lost wages regardless of who was at fault in the accident. However, if the injuries are severe, a driver may be able to sue the other driver for additional damages.
Also, be aware that no-fault insurance is for personal injury coverage, which means it doesn’t pay for auto repair or damage to other property.
Related: The Basics of New York’s No-Fault Insurance System
Can I Sue the Other Driver if I’m In a Car Accident in New York?
If your injuries are severe, you may be able to sue the other driver for additional damages. However, you must meet the “serious injury threshold” law criteria.
What is the “Serious Injury Threshold” in New York?
You must meet this legal standard to file a lawsuit for additional damages after a car accident. If you have more than $50,000 in damages, you will qualify. Or, if you have specific injuries, such as significant disfigurement or permanent loss of use of a body organ, you can file a claim against the other driver.
How does New York Handle Hit-and-Run Accidents?
If you are involved in a hit-and-run accident in New York, you should call the police immediately and report the accident. If the police locate the driver, they could face criminal charges for leaving the accident scene. Otherwise, if applicable, you might file a claim under your own uninsured motorist coverage.
What Should I Do if I’m in a Car Accident With a Government Vehicle?
If you are involved in a car accident with a government vehicle, you should call the police and report the accident. You should also exchange contact and insurance information with the other driver.
Deadlines for filing claims against government agencies are very short. You might only have 90 days to file a claim with the specific municipality. We highly recommend contacting a New York car accident lawyer right away.
How Does New York Handle Accidents Involving Drunk Drivers?
If you are involved in an accident with a drunk driver in New York, you should call the police and report the accident. The driver may be charged with driving under the influence and face criminal penalties. You may also be able to file a personal injury claim against the driver.
What Happens if I’m in a Car Accident in New York but I Don’t Live Here?
If you are in a car accident while traveling in New York but don’t live here, you are still required to follow the same procedures as if you were a resident of New York. That includes calling the police, exchanging contact and insurance information with the other driver, and seeking medical attention if you are injured. You should also contact your own insurance company to report the accident and begin the claims process.
What Happens if I’m in a Car accident in New York and the Other Driver is From Another State?
If you are in a car accident in New York and the other driver is from another state, you will still be required to follow the same procedures as if the other driver were a New York resident.
If the other driver is at fault, their insurance company will be responsible for handling the claim, regardless of the state where they reside. You should also contact your own insurance company to report the accident and begin the claims process.
What Happens if I Don’t Have Enough Auto Liability Coverage to Cover the Damages in an Accident?
You could be personally responsible for paying any damages that exceed your policy limits. That can be a significant financial burden, so it is essential to make sure that you have enough coverage to protect yourself.
Why Is It Important to Hire an Attorney After a Car Accident in New York?
Hiring an attorney after a car accident in New York can help protect your rights and fight for maximum compensation. We will negotiate with the other driver’s insurance and, if necessary, represent you in court.
Contact Ferrante & Koenig Today
If you suffered severe injuries in a New York car accident, you might have the right to bring a personal injury claim. We have years of experience helping severely injured victims get the compensation they deserve after a car accident.
Contact our office today to learn more about how we can assist you.
