Is Your New York Car Accident Case Eligible For a Lawsuit?

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Despite the fact that many residents in NYC do not drive at all, there are nevertheless nearly 300,000 car, truck, and motorcycle accidents within the city limits every single year. 

New York is a no-fault car accident state. That means not every car accident is eligible for a lawsuit. 

Instead, in most accidents, your insurance company covers your own losses. The other driver’s insurance covers theirs, so long as you file your claim within thirty days. If the victim was a pedestrian or a cyclist the cost can be absorbed by their own insurance company or by the driver’s. 

These losses include property damage, medical bills, and lost wages, but do not include pain and suffering.

You can only sue when accidents result in the following damages:

  • Death
  • Dismemberment
  • Disfigurement
  • Loss of a fetus
  • Permanent loss of a body organ
  • Permanent loss of a bodily function or system
  • Bone fractures
  • Total disability for 90 days or more

When you sue for a major accident you can sue for any money your own insurance policy won’t pay due to policy limits. You can also add pain and suffering and, at times, punitive damages to your car, truck, or motorcycle accident. 

If your injuries are this severe it is imperative that you contact a personal injury attorney right away, especially if you were unconscious at the scene of the accident, or too injured to gather evidence properly. This allows us to start hiring accident reconstructionists, to subpoena evidence such as video footage, and to find and contact witnesses. While you technically have two years to press a lawsuit, it’s rarely a good idea to wait.

In wrongful death cases, loved ones can sue for medical expenses, funeral expenses, loss of the loved one’s income, services, and companionship, as well as bereavement damages. 

If your loved one has died in an auto accident it is just as imperative for you to move quickly. Many of RLF’s clients are surprised to learn how ruthless insurance companies can be, and they have no problem taking steps to deny responsibility on the part of their insured, all to avoid having to pay.

Don’t wait to get the help you need. RLF has helped thousands of NYC residents navigate major auto accident injury cases. We’ll offer a free case review and a realistic assessment of what your case is worth. In most cases, you’ll walk away with far more money than you would have on your own.

See also:

What Can Go Wrong With an NYC Pedestrian Accident Case?

What is New York’s Serious Injury Threshold for Personal Injury Cases?

What’s the Average Settlement for a Pedestrian Injured in a Car Accident?


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    Mr. Richman is the Managing Member and Founder of Richman Law Firm PLLC. In his role as Managing Member, Mr. Richman oversees the day-to-day operations of the firm and handles the litigation of the most complex legal matters across a vast array of practice areas and disciplines. ​

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