Driver Car Accidents
Car accidents are often incredibly stressful for all parties involved—including both drivers and passengers, and both the more “at fault” party and less “at fault” party . If you are driving your car in Nanuet, NY and you get into a car accident that leaves you injured, you will probably be wondering what to do next. While car accidents are quite common, many people feel totally overwhelmed and blank out on what they should do as the best next steps.First thing’s first: understand the basics.
If you are a driver in New York, you likely have car insurance, since it’s mandatory by law. New York has what’s called a no-fault car insurance scheme, which is an important concept to understand if you’re a driver who gets injured in a Nanuet, NY car accident.
What’s A No-Fault Car Insurance Scheme, And What Does It Mean For Me?
As mentioned above, it’s mandatory for all NY drivers to have car insurance and a valid policy. This policy will cover medical expenses no matter who is at fault for a car insurance accident. There are a variety of plans that individual drivers can purchase that have more coverage. However, all NY PIP plans must cover, at minimum:
- $50,000 per person in personal injury protection (no-fault insurance for your injuries).
- $25,000 liability coverage per person for bodily injury (that is, money that the insurance company will pay out to someone else injured in a car accident you are liable for), with a maximum of $50,000 liability coverage total per accident (for bodily injury)
- $10,000 per occurrence property damage liability coverage (that is, to pay for any property you may be liable for damaging)
- $25,000 per person/$50,000 per incident uninsured and underinsured motorist coverage (which is money you can claim beyond your allotted sum if the other driver is underinsured or uninsured)
- In Nanuet, NY (and everywhere else that uses NY no-fault car insurance schemes), you are required to go to your own insurance provider to claim damages related to your own accident (called a “first-party claim”). This claim must be opened within 30 days from the date of the accident, or you may cede your right to pursue it at all. Importantly, NY PIP claims do not allow for non-economic damages (i.e., pain and suffering).
Are There Any Circumstances Where I Can File For Non-Economic Damages As An Injured Driver In Nanuet, NY?
Yes—you may file for a third-party claim (i.e., sue the other driver or their insurance company for damages, including non-economic damages) if your injury is considered a “serious injury.” This is defined as:
- Broken bones
- Miscarriage/loss of fetus
- Permanent loss or loss of use of an organ, bodily function, or bodily system, and/or permanent consequential limitation of the use of same
- Non-permanent injury that prevented you from performing your usual daily activities for at least 90 of the 180 days following the date of the injury
- Injury that results in significant disfigurement
- Injury that results in dismemberment or limb loss
- Injury that results in death