Car Accidents

The roads of New York can be a dangerous place. Each year, thousands of New Yorkers are injured or killed in motor vehicle crashes. If you or a loved one have been injured in a car accident in New York, it is important to understand what you remedies are.

The biggest issue to consider for any car accident is the New York No-Fault law. Under the New York No-Fault law, you cannot start a court action unless you have suffered a “serious physical injury.” If there has been no serious physical injury, then you cannot sue in a New York Court.

The New York No-Fault law defines serious physical injury as broken bones, are being so badly injured that you cannot properly function for a extended period of time. Dismemberment, such as the loss of a limb or body part, or serious scarring are also consider “serious physical injuries” under the New York No-Fault law. If you have suffered a serious physical injury, you may institute an action in court. Bruises are not considered serious. A bulged disc, if it limits your ability to perform basic physical task, could be considered a serious physical injury.

If there is no serious physical injury, then you must use the No-Fault process. Typically, the amount of money collected on a No-Fault claim are less than the possible recovery in court.

In either event, it is vital that as soon as possible after the accident to notify your insurance company. If you fail to make a prompt notification, generally within 30 days, the insurance company can decline to pay any No-Fault coverage.

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