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New York City has some of the busiest streets around. Whether its Broadway, 5th Avenue or any of the other busy roadways you travel every day, car accidents in Manhattan are common. The truth is that safe drivers cannot always avoid dangerous or careless drivers — and injuries, property damage, lost time from work can result. If this has happened to you, let our experienced New York City car accident lawyers explain what you need to do next.
There are basically two things you need to prove to win a car accident case. You must show that the other driver was at fault, and that your injury is a “qualifying injury” under the law. You can prove fault by showing that the other driver ran a red light, struck your car from behind, or a number of other ways. It is important to know that a defendant can also blame you for the accident – claiming that you were careless in the way you drove your car. When this happens, there can be a reduction in the amount of damages under the rules of comparative negligence.
As a person involved in a car accident, you have certain obligations under the law. Your obligation is different depending on what you were doing at the time of the accident, ie. were you a driver; riding a bicycle; riding a motorcycle; a passenger in a car; or a passenger on a bus.
You must also prove that your injury meets the qualifying injury requirement under the Insurance Law. This law is also known as the “serious injury” law. This law provides that you are not entitled to an award for pain and suffering unless your injury meets the requirements listed under the law. Some injuries, like fractures, automatically qualify – because the law provides that a fracture is a qualifying injury. However, other types of injuries are not specifically listed, but may still qualify under one of the more general categories.
Although you must prove a qualifying injury to recover damages for pain and suffering, New York State requires insurance companies to cover up to $50,000 in medical and other expenses (sometimes more) regardless of fault or the extent of your car accident injury. This is called No-Fault Insurance. There are certain requirements you must follow to be eligible. Click here to find out more about No-Fault benefits.
If you have any questions for our experienced New York City car accident attorneys, you can contact our office for a free consultation by calling (800) 762-9300 or by email. You can also get started by simply filling out one of our case intake forms and we will have one of our attorneys get right back to you.
