When you have a “fender-bender” accident, you may still incur substantial expenses, including repairing expensive parts on your vehicle or treating severe injuries you may have sustained in the crash. But can you sue an at-fault driver after a seemingly “minor” car accident? Knowing your rights after a minor car accident in New York can help you recover compensation that the law entitles you to.
Understanding New York’s No-Fault Insurance Law
New York operates a “no-fault” auto insurance system. Under the no-fault system, auto insurance companies must provide personal injury protection (PIP) coverage to New York insurance policies. PIP coverage compensates for qualifying medical expenses and lost wages to an insured driver or passenger, regardless of fault for the car accident. PIP coverage includes up to $50,000 for:
- Reasonable and necessary medical and rehabilitation expenses
- Eighty percent of lost earnings, up to a maximum of $2,000 per month for three years
- Up to $25 per day of reasonable costs, such as household help or transportation to medical treatment
The no-fault system seeks to provide prompt compensation to car accident victims so they do not have to wait through months or years of litigation in a car accident lawsuit. A crash victim can sue an at-fault driver if they incur economic losses that exceed their PIP coverage. However, they can sue for non-economic losses, such as pain and suffering or reduced quality of life, only if they suffered a “serious injury” in the car accident.
What Qualifies as a “Serious Injury”?
Under New York law, a serious injury includes an injury that results in:
- Death
- Dismemberment
- Significant disfigurement
- A bone fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined non-permanent injury or impairment that prevents a person from substantially all their customary daily activities for at least 90 of the 180 days following the accident
When Can You Sue for a Minor Accident
New York’s no-fault system allows you to sue for a “minor” car accident if:
- Your economic losses (e.g., medical expenses, lost wages) exceed your PIP coverage
- You suffered injuries that meet the threshold for a “serious injury”
- Your vehicle sustained damage not covered by insurance
- The at-fault driver caused the accident through gross negligence, such as reckless or intoxicated driving
Considerations Before Filing a Lawsuit
Before you decide to file a lawsuit for a “minor” car accident, some of the factors you should consider include:
- Cost of litigation vs. potential recovery: When PIP coverage pays for most of your expenses from the accident, consider the cost of pursuing a lawsuit versus the financial recovery you could obtain.
- The length of litigation: You should also evaluate how long a lawsuit may take to recover your compensation.
- Need for evidence: Filing a lawsuit will also require you to conduct a thorough investigation to obtain evidence needed to prove the other driver’s fault for the crash.
- Possibility of settling: Finally, consider pursuing a settlement of your claim against the at-fault driver rather than filing a lawsuit. Options like mediation can help you negotiate a settlement.
Contact a Car Accident Attorney Today
After getting into a minor car accident in New York, talk to an experienced car accident attorney to discuss your options for obtaining compensation for your expenses or losses. Contact McCann Legal, PC, today for a free, no-obligation consultation with a personal injury attorney to learn whether you may have the right to seek financial recovery after a minor car crash.