New York Car Accident Frequently Asked Questions

When you're in a car accident in New York involving a driver from another state, jurisdictional issues may arise, complicating the claims process. However, you still have the right to seek compensation for your injuries and damages. Working with a knowledgeable New York car accident lawyer who understands interstate car accident cases can help you navigate the legal complexities and pursue the compensation you deserve.

New York law requires that drivers carry a minimum amount of liability insurance. N.Y. Veh. & Traf. Law § 341. If you're in a car accident in New York and don't have enough auto liability coverage to cover the damages, you may be personally responsible for any additional costs. However, if the at-fault driver has sufficient coverage, you may be able to seek compensation through their insurance policy. Additionally, uninsured/underinsured motorist coverage from your own policy can provide additional protection in such situations.

In New York, the statute of limitations for filing a car accident claim is generally three years from the date of the accident. However, it's crucial to act promptly and initiate the claims process as soon as possible to ensure you have sufficient time to gather evidence, assess your damages, and negotiate with the insurance company or pursue legal action if necessary.

"Timely Notice of Claim" refers to the requirement for an insured individual to promptly inform their insurance company about an accident or incident covered by their insurance policy. Specifically, it means providing notice as soon as reasonably practicable, but not later than 30 days after the occurrence of the event. This requirement is outlined in N.Y. Ins. Law § 3420(a)(3). The purpose of this provision is to ensure that insurance companies are promptly notified of potential claims so they can conduct investigations, assess liabilities, and fulfill their obligations to policyholders in a timely manner. Failure to provide a Timely Notice of Claim within the specified timeframe may result in complications or denial of coverage by the insurance company. For example, in Grossfeld v. City of Mount Vernon & Elon R. Valentine, 66 Misc. 3d 1225 (N.Y. City Ct. 2020). The court considered whether the petitioner should be granted permission to serve a late notice of claim despite the untimeliness of the motion. The court denied the petitioner's request to serve a late notice of claim, stating that the petitioner had not provided a reasonable excuse for the delay and that the statute of limitations had expired. Therefore, the court dismissed the proceeding. Therefore, it is critical for insured individuals to adhere to this requirement to protect their rights and interests under their insurance policies.

Yes, you can still recover damages even if you were partially at fault for the accident under New York's comparative negligence law. N.Y. C.P.L.R. § 1411. However, your compensation may be reduced by your percentage of fault for the accident. For example, in Civitarese v. Gaylin, 2021 N.Y. Slip Op. 33574 (N.Y. Sup. Ct. 2021), the issue of comparative negligence arises from the defendants' assertion that the plaintiff may have contributed to the accident through their own actions. However, the court's ruling clarifies that such comparative negligence, if proven, would only affect the damages recoverable by the plaintiff and does not prevent them from establishing liability against the defendants. If you were in an accident and you were partially at fault, it's essential to consult with a skilled New York car accident lawyer who can help assess the circumstances of your case and advocate for your rights to maximize your recovery.

According to a statistic published by Bankrate, 4.1 of New York drivers are uninsured. If you are in an accident and the other driver doesn't have insurance or flees the scene of the accident, you may still have options for seeking compensation. Uninsured/underinsured motorist coverage from your own insurance policy can provide coverage for your injuries and damages in such situations. Additionally, you may be able to pursue legal action against the at-fault driver to hold them accountable for their actions.

After a car accident in New York, you may be entitled to seek various types of compensation, including medical expenses, lost wages, property damage, pain and suffering, and emotional distress. The specific types of compensation available to you will depend on the circumstances of your case and the extent of your injuries and damages. Consulting with an car accident attorney in New York can help you understand your rights and pursue the maximum compensation available to you. For example, in Simmons v. Kouame, 2021 N.Y. Slip Op. 33028 (N.Y. Sup. Ct. 2021), the plaintiff sought compensation for personal injuries allegedly sustained in a motor vehicle accident, including damages related to medical expenses, pain and suffering, and any other losses resulting from the injuries.