How to File A New York Car Accident Claim

New York operates as a no-fault state for car insurance and accident claims. This means that after a car accident, you first turn to your own car insurance policy, regardless of who was at fault. This should cover medical expenses and lost wages under your Personal Injury Protection (PIP) coverage.

This system is designed to ensure prompt payment of car accident injury claims. It also reduces the burden on the court system by limiting the number of lawsuits. However, in cases of severe injuries or when damages exceed certain thresholds, you can step outside the no-fault system and pursue a claim against the other driver’s insurer.

When can I pursue damages from the at-fault party’s insurance company?

You can pursue damages from the at-fault party's insurance company under specific circumstances. This typically happens when the crash results in:

• Significant disfigurement.
• Bone fractures.
• Permanent limitation of use of a body organ or member.
• Significant limitation of use of a body function or system.
• Substantially full disability for 90 days. 

Additionally, if your crash-related expenses exceed the limits of your PIP coverage, you can seek further compensation from the at-fault party's insurer. This allows you to claim for non-economic damages such as pain and suffering, which are not covered under PIP.

The first thing you should do is get a medical evaluation, even if you don’t think you’re injured. The shock and adrenaline of a collision can sometimes mask the pain of an injury. Plus, many crash-related injuries produce symptoms days (sometimes weeks) after a car accident.

When you get a medical evaluation, your doctor can identify and diagnose your injury. Plus, you can begin treatment before the injury causes further complications. When it comes to filing a New York car accident claim, your medical record establishes a clear link between your injury and the crash you were involved in.

Who do I report my car accident to?

In order to file a New York car accident claim, you’ll need to report your crash to your insurance company. You typically have up to 30 days to do this, but it’s best to get the process started as soon as possible.

When speaking to your insurance company, stick to the basic facts. That includes the date, time, and location of the crash. Also, include the parties involved and if anyone has sustained injuries. Don’t discuss who was at fault for the car accident. Providing too many details can potentially jeopardize your claim.

Should I speak to that at-fault driver’s insurance company?

If your damages exceed your PIP limits, and you’re pursuing damages from the at-fault driver’s insurance company, it’s best to avoid speaking to them. If they contact you, let them know that you have hired a lawyer to handle your claim. All further communications should go through your attorney.

Before you proceed any further, it’s best to speak to an experienced New York car accident lawyer. They can guide you through the claims process and advise you on what to do next.

Whether you’re pursuing damages from your own insurance company or the at-fault driver’s insurer, an attorney will fight to maximize your compensation.

What documents do I need to support my claim?

To support your New York car accident claim, you’ll need the following documents:

• Medical records and diagnoses.
• X-rays, MRIs, or CAT scans.
• Hospital and medical bills.
• Medical receipts.
• Prescriptions for medications.
• A log of medical appointment attendance. 
• Pay stubs.
• Vehicle repair estimates and receipts.

The value of your New York car accident claim depends on the severity of your injuries and the damages you accrued.

Only a New York car accident lawyer can determine how much your claim is worth. They will factor in your medical expenses, lost wages, and property damage.

If you're pursuing damages from the other driver's insurance company, your attorney can include pain and suffering, mental and emotional anguish, loss of consortium, and loss of enjoyment of life.

What if I'm partially at fault for the car accident?

If you’re partially at fault, you can still pursue damages. Since New York is a no-fault state, your own insurance policy should cover medical expenses, lost wages, and vehicle damage up to the policy limit.

However, New York also uses the pure comparative negligence rule. So, if you’re pursuing damages from the at-fault driver’s insurance company, your compensation would be reduced by the amount of fault you contributed. That applies even if you’re 99% at fault.
For example, if you're 20% at fault and your damages equal $100,000, then you would be eligible for $80,000.

Dealing with a New York car accident claim can be confusing and even frustrating. The insurance companies (even your own) often use tactics to keep their costs down. That includes offering quick lowball settlements that cover only a small fraction of your total damages.

However, you can level the playing field by getting a Law.com Premier Attorney on your side. Our verified attorneys in New York work on a contingency fee basis, so you can get legal representation at no upfront costs. If you were injured in a crash, contact a New York car accident lawyer for a free consultation.