What You Need to Know about Car Accident Settlement in NY

What You Need to Know about Car Accident Settlement in NY

New York’s unique set of laws and regulations around car accidents can make figuring out the settlement process complicated. The state’s no-fault system and comparative negligence rules can impact your settlement outcome. Whether you’re dealing with minor injuries or serious damages, knowing what to expect can empower you to make informed decisions about your case. Here are the factors that influence your settlement, and hot to get a free consultation with a car accident attorney in White Plains, NY.

Important New York Car Accident Settlement Laws

Statute of Limitations

New York law allows a three-year period from the date of the accident to file a lawsuit. This deadline, known as the statute of limitations, is crucial as failing to file within this timeframe could result in the dismissal of your case. It’s essential to act promptly and consult with an attorney in White Plains, NY to ensure you meet all necessary deadlines.

New York’s No-Fault System

New York operates under a no-fault insurance system. This means that after a car accident, you initially turn to your own insurance company for compensation for medical bills and lost wages, regardless of who caused the accident. This coverage is known as Personal Injury Protection (PIP).

Comparative Negligence Rules

New York follows a comparative negligence rule. This means that your settlement amount could be reduced if you are found partially at fault for the accident. For instance, if you are found 20% at fault, your settlement could be reduced by that percentage.

Will Personal Injury Protection Cover My Expenses?

PIP coverage has a limit, typically around $50,000. If your expenses exceed this amount, you may be able to pursue additional compensation from the at-fault driver’s insurance company. This is where it’s important to remember New York’s threshold for serious injuries. If your injuries meet this threshold, you may be eligible to file a lawsuit against the at-fault driver.

What is New York’s Average Car Accident Settlement?

Unlike other states, New York doesn’t have a one-size-fits-all answer to the question of average settlement amounts. The average car accident settlement in New York is significantly higher than the national average, often exceeding $250,000. This is due in part to New York’s no-fault laws, which can limit smaller claims from going to court, thus pushing up the average settlement amount for more substantial cases. Factors that influence your final settlement amount include the severity of your injuries, medical expenses, lost wages, property damage, and pain and suffering.

What Happens When PIP Won’t Cover Everything?

If your injuries are severe and your expenses exceed your PIP coverage, you may be eligible to step outside of the no-fault system. This means you can file a personal injury lawsuit against the at-fault driver for economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering).

Contact Kent Hazzard & Freeman for a Free Consultation with a Car Accident Attorney in White Plains, NY

Figuring out New York’s car accident settlement process can be overwhelming, especially when dealing with injuries and damages. Having an experienced car accident attorney in White Plains, NY by your side can make a significant difference to your case. At Kent Hazzard & Freeman, we help you understand your rights, advocate for your interests, and pursue the compensation you deserve. Don’t hesitate to reach out for a free consultation to discuss your case and explore your options.