Best Auto Accident Attorneys in NYC 2023 – Forbes Advisor

New York is a state without guilt. This means that you usually cannot sue after an accident. “No fault” is somewhat misleading, however, as a finding of fault will certainly be made if you are able to file a lawsuit.

You can sue for damages after a car accident in New York for:

Damages that exceed benefits through no fault of your own Non-economic damages (such as pain and suffering) Serious injuries

A serious injury is defined under New York law as: “(i) death, (ii) mutilation, (iii) significant disfigurement, (iv) fracture, (v) loss of a fetus, (vi) permanent loss of use of a bodily organ, limb, function or system, (vii) a permanent consequential impairment of a bodily organ or limb, (viii) a significant limitation in the use of a bodily function or system, or (ix) a non-permanent medically determined injury or impairment , which prevents an injured person from carrying out substantially all of their usual and usual daily activities for at least 90 of the 180 consecutive days immediately following an accident.

If this sounds complicated to you, you are not alone. Proving a “major injury” in New York can be complex and requires the expert assistance of an experienced New York auto accident attorney.

Auto insurance requirements in New York

Here are the minimum amounts of motor vehicle liability insurance required by the state:

$10,000 for property damage in a single accident $25,000 for personal injury to one person and $50,000 for injury to two or more people $50,000 for death of one person and $100,000 for death of two or more people

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It is important to note that these are the minimum requirements for liability insurance. New York does not require collision or comprehensive insurance at all. However, it requires that your insurance coverage remains in effect as long as the car is registered in the state and that the insurance is issued by a NY State DMV certified company.

If you lease or finance a vehicle, you will likely need to purchase collision insurance in addition to mandatory liability insurance. Comprehensive insurance covers damage to your car, regardless of fault, and is often much more expensive than liability insurance alone.

New York also requires personal injury protection (PIP) and uninsured/underinsured motorist coverage. All drivers must carry PIP coverage of at least US$50,000 per person covering up to that amount of injury treatment costs for the driver and each passenger.

While your liability insurance will cover damage to others if you cause an accident, you cannot be sure that another driver will have enough insurance to cover your damage if they caused the accident. Therefore, the state also requires uninsured/underinsured motorist coverage equal to the liability insurance requirement for injuries.

It’s important to know that the absolute minimum coverage for uninsured/underinsured motorists in the state only protects you for accidents in New York state. Any accidents that occur out of state with an underinsured or uninsured motorist would not be covered at all – unless you pay the additional cost of extending that coverage.

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