The Ultimate Guide to Claiming Compensation After a Crash in New York: Queens Car Accident Lawyer Explains.

How can you claim compensation in New York?

When it comes to claiming compensation for damages suffered in a car accident in NYC, your options are as follows:

• Insurance—Since New York is a no-fault state, anyone injured in a car accident can claim compensation for their injuries through insurance. If you have obtained the relevant insurance, you can also claim compensation for any damage to property.
• Lawsuits—If you have suffered what the law deems as a “serious injury,” or the basic economic damage exceeds $50,000, you will be allowed to file a personal injury lawsuit and claim compensation. If the accident has resulted in a death, it is grounds for a wrongful death lawsuit.

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What are the types of damages that can be claimed?

In a car accident, an individual can suffer multiple injuries and damages, which are broadly categorized into economic and non-economic damages. Based on the path you choose to claim compensation, you can either claim one or both types of damages.

Economic damages are the losses a person suffers with a set financial value. They include things like medical expenses, lost income, and expenses connected with treatment and rehabilitation. On the other hand, non-economic damages account for the losses that are intangible and do not have a set financial value. They include pain and suffering, mental distress, loss of consortium, and loss of enjoyment of life.

In New York, insurance only allows you to claim economic losses. On the other hand, you are able to claim both economic and non-economic losses when you file a lawsuit, provided you fulfill the requirements that allow you to file a lawsuit. In court proceedings, the judge can also award punitive damages in favor of the victim. Punitive damages may be awarded if the court considers the defendant’s actions especially malicious or reckless. The purpose of doing so is to punish the defendant’s conduct and deter them from similar actions in the future.

What are the steps you need to take after the accident?

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In New York, no matter what route you choose to claim compensation, what many people don’t realize is that the amount you can claim is significantly affected by the steps you take following the accident. Therefore, to best protect your rights and the ability to secure fair and reasonable compensation, we, as your car accident attorney Queens, advise you to do (and not do) the following:

Things you should do after the accident

• If you’re injured, seek immediate medical attention. This advice stands even if you appear to be physically unharmed.
• Report the accident to law enforcement and file an accident report with the DMV.
• Exchange contact and insurance information with the other party involved in the accident.
• Document the scene, and gather all the evidence that can be helpful in presenting your case. (Photographs, Medical Reports, Police Reports, Accident Reports, CCTV footage, etc.)
• Contact a car accident attorney in Queens to understand your rights, obligations, and liabilities following a car accident.
• Contact your insurance company and notify them about the accident. Make the call once you have spoken to an attorney and understood your rights and liabilities.

Things you should not do after an accident

• Delay receiving medical treatment
• Leaving the scene of the accident without sharing contact and insurance information. It can be considered a hit-and-run, exposing you to criminal charges.
• Admit any wrongdoing or apologize for the accident.
• Sign any documents or give recorded statements without legal consultation and representation.
• Post about the accident on social media.
• Accept the first settlement offered by the insurance company.

Auto Insurance in New York

In New York, your primary source of compensation for damages suffered in a car accident is insurance. According to New York State traffic and insurance law, if a driver wants to register and legally drive their vehicle on the streets of New York, they must have the proper auto insurance. The insurance required by drivers includes:

• Liability insurance—This is the insurance that covers damages that you might have caused another person in an accident. In New York, the liability coverage includes $10,000 for property damage per accident, $25,000 for bodily injury per person, $50,000 death liability per person, $50,000 bodily injury liability per accident, and $100,000 death liability per accident.
• Personal Injury Protection (PIP) insurance—Also known as “no fault insurance,” this is the insurance that is used to cover medical expenses, lost income, and other related expenses if you have been injured in a car accident. The maximum a person can claim under PIP is $50,000.
• Uninsured Motorist coverage—This is the insurance that can be used to cover medical expenses and other damages if you’ve been injured by an uninsured motorist.

What happens if you are partly at fault for the accident?

Not every car accident is black and white when it comes to deciding who is at fault. Sometimes, both or multiple parties involved in the accident must share the blame, and the blame is reflected when they are eventually awarded compensation.

In New York, thanks to it being a no-fault state, you are guaranteed compensation for the injuries suffered; however, it does not mean that your fault is excused. In fact, due to the pure comparative negligence rule, if an investigation finds that you share some of the blame for the accident, your compensation will be reduced by the extent of your blame.

For example, if you’ve been injured in an accident and claim $100,000 in damages. However, an investigation finds that an unsafe lane change you made contributed to the accident and attributes 50% of the accident’s blame to you. In the end, due to the pure comparative negligence rule, you will only be awarded $50,000.

Furthermore, it is important to note that since New York has adopted the pure comparative negligence rule, you are technically able to claim compensation for your injuries, even if you are primarily at fault for the accident.

Find the best car accident lawyer in Queens at Gabriel Law.

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As we mentioned in the beginning, there is a lot that needs to be done to successfully claim compensation for damages following a car accident, and it can be overwhelming. But in this journey, you do not have to be alone. When you come to us at Gabriel Law, you will find advocates that listen, understand, and care and who will do everything in their power to fight for your rights and get you the compensation you deserve. If you are looking for a car accident lawyer to take up your case, we invite you for a chat. Contact us at (212) 497-2421 or email us at suren@gabriellegal.com and schedule your free consultation.

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For further reading:

Minimum Auto Insurance Coverage in New York Explained by Car Accident Attorney Queens

Steps to Secure the Maximum Compensation After a Crash: The Best Car Accident Lawyer in Queens Explains.