Driver's hands on the steering wheel of a car, with a seatbelt fastened across their chest. The car's windshield wipers are in motion, clearing rainwater from the windshield on a wet day. The view is from the inside of the car, focusing on the driver and windshield.

In an average year, there are over 447,000 traffic collisions in New York, resulting in roughly 155,000 injuries. If you’ve sustained injuries in a car accident, please read on and contact our experienced Westchester County car accident attorneys to learn more about how New York’s car insurance system works and how we can help you.

HOW DOES NEW YORK’S CAR INSURANCE SYSTEM WORK?

New York has a no-fault car insurance system. Under this system, after a car accident, your own car insurance coverage pays for medical treatment and other out-of-pocket losses incurred by anyone covered by the policy, up to coverage limits, regardless of who caused the accident. To operate a motor vehicle in the state of New York, vehicle owners must carry the following minimum amounts of insurance: $25,000 liability coverage for bodily injury per person, $50,000 total liability bodily injury coverage per accident you cause, $10,000 liability coverage for property damage, $50,000 in no-fault coverage and uninsured motorist coverage. If you’re found responsible for causing a car accident and the injured parties’ losses exceed the limits of your car insurance policy, you may find yourself personally responsible for making up the difference.

WHO IS COVERED BY NEW YORK’S NO-FAULT RULES?

In New York, your no-fault coverage will apply to pay:

  • “Reasonable and necessary” accident-related medical bills
  • 80% of lost work income, up to $2,000/month, for up to 3 years after the crash
  • Up to $25/day for up to a year after the crash for expenses like household help and transportation to medical appointments
  • $2,000 death benefit to the estate of any covered individual killed in the car accident

Your personal injury protection coverage will apply to pay expenses incurred by you or anyone else driving your car, any passenger in your car and any pedestrian hit by your car.

CAN I FILE AN INSURANCE CLAIM OR LAWSUIT AGAINST THE AT-FAULT DRIVER?

In order to step outside of the no-fault system and file a third-party insurance claim or lawsuit against the at-fault driver, so that “pain and suffering” and other non-economic losses are on the table, your injuries must meet certain criteria to be classified as “serious injury” as defined by state law. To hold the at-fault accountable, you must have sustained injuries that resulted in significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system or substantial full disability for 90 days. All this might be overwhelming. If so, contact our skilled Westchester County personal injury attorneys.

CONTACT OUR EXPERIENCED WESTCHESTER COUNTY FIRM

Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.