New York State handles car accident claims differently than most places. While you can sue someone who crashed into you, there’s some red tape to cut through first.
Considering the legal framework established by New York State Insurance Law § 5102(d), let’s explain this in plain English.
Your first stop after an accident? Your own insurance company. They’re required to cover up to $50,000 for things like doctor bills and missed paychecks. That’s how it works here – it doesn’t matter who caused the crash.
But what if things are horrible? That’s when you can step outside this system and sue. The law says you need either:
A serious injury (and they’re pretty specific about what counts):
- Something that leaves you noticeably scarred
- Any broken bones
- Losing the use of an organ or body part
- Being significantly disabled for at least 3 months out of the 6 months after the crash
- Or, tragically, if someone died
- Or, your costs blow past that $50,000 insurance coverage. Medical bills add up fast these days.
Here’s something interesting – if you do end up suing, you can also ask for compensation for things insurance doesn’t cover, like your physical pain and emotional suffering. The legal term for this is “non-economic damages,” but it means the human cost of the accident.
Word to the wise: These cases get complicated fast. Having a lawyer who knows their way around New York’s accident laws can make all the difference. They can tell you quickly if you have a case worth pursuing.
