If you are injured during a automotive accident in the State of New York, your choices to recover compensation may well be restricted. New York is a no-fault automobile insurance state, which implies that once you are injured during a automotive accident, you turn 1st (and typically exclusively) to your own insurance policy to get compensation for your medical bills and certain different economic losses, regardless of who caused the crash.
You can typically only step outside the range of no-fault and file a liability claim (or personal injury lawsuit) against the at-fault driver if your claim meets the “serious injury” threshold in place in new york. which means you’ve experienced any of the subsequent because of the car accident:
- significant disfigurement
- one fracture
- permanent limitation of use of body organ or member
- significant limitation of use of body function or system, or
substantially full incapacity for ninety days.
If your injuries qualify, you’ll be able to hold the at-fault driver liable for the accident, and you’ll be able to pursue compensation for all classes of losses, as well as pain and suffering and other non-economic damages (which are not available during a no-fault claim).