Car accidents are a common cause of injury in the state of New York. Getting into one is a potentially tumultuous time for you, so let me help you through the ordeal.
I will deliver strong representation and work toward a suitable compensation after you have been involved in a car accident. Furthermore, I will show the court that you are not liable for the incident.
Car Accident Reporting Requirements in New York
The state of New York has two types of car accident reporting requirements.
First, the driver who is responsible for a car accident that results in personal injury must go to the local police station and file a report as soon as possible. This type of report is also a requirement when the accident results in property damage, but only if the owner was not present during the actual incident.
Second, the Department of Motor Vehicles requires a written report filed within 10 days for all car accidents that involve personal injury or over $1,000 worth of property damage.
The New York Statutes of Limitations and the No-Fault Car Insurance Law
New York’s statutes of limitations aim to prevent fraudulent claims. Therefore, you may only go to court and file a legal case within three years from the date of the accident that resulted in personal injury.
Nevertheless, the state’s “no-fault” car insurance law makes you file a claim with and collect from your insurance policy first, regardless of who caused the car accident. The only exception to this law is severe injuries, such as the following:
- Broken bones
- Permanent impairment
- Substantial disfigurement
- Substantial limitation of a body function or system
- Full disability for 90 days
Only then will you be able to file a legal case for compensation.
Take note, however, that New York applies “pure comparative negligence” in court proceedings. The judge or jury will calculate both the drivers’ percentage of fault and reduce the damage award, as they deem reasonable.
If you have recently been involved in a car accident, I can provide professional legal support, with a personal touch.
Call today for a consultation.
