Lacy Katzen LLP, has over 50 years experience in handling motor vehicle accidents, including claims involving motorcycles, tractor-trailers, bicycles, pedestrians, negligently designed roads, intoxicated motorists and uninsured motorists.
New York State's No Fault law applies in most situations where a person is injured in an automobile accident. Under New York's No Fault law, you are entitled to have your medical expenses as well as a portion of your lost wages paid by the insurance company insuring the car in which you were traveling at the time of the accident. The availability of these benefits does not depend upon who is at fault in causing the accident.
In order to receive these No Fault benefits, you must act promptly in completing an application for the benefits and sending it to the appropriate insurance company as soon as possible. There are strict time limitations within which you must provide the application as well as any supporting documentation such as proof of your medical expenses and proof of your lost earnings to the insurance company.
Even if you caused the accident, you are entitled to receive No Fault benefits for your medical expenses and lost wages. However, under the No Fault Law, you do not have an absolute right to sue the other driver. You can bring a lawsuit to recover from the other driver and his insurance company only if you suffer certain types of injuries defined by the law as a "serious injury." Serious injuries include fractures, death, dismemberment, significant scarring, and permanent loss of use of a body system or organ. It also includes other types of injuries that result in your being unable to perform your usual daily activities for at least 90 days out of the first 180 days following the accident. Thus, if your doctor keeps you out of work for a significant period of time following the accident, you may have a cause of action, even if you do not have a fracture or one of the other types of "serious injuries" listed in the statute.
If you qualify as having sustained a "serious injury," you are entitled to bring a lawsuit against the other driver to recover for damages including pain and suffering and any monetary loss beyond what has been reimbursed by the no-fault insurer. Your injuries and any limitations you have must be substantiated by your doctor. Be sure to seek treatment promptly, tell your doctor about all of your symptoms and follow all of your doctor's advice.
You should consult with an attorney as soon as possible after your accident. In most situations, there is a three-year statute of limitations within which to sue the negligent party. Once this three-year period expires, you will be barred from bringing any claim against the other driver. In some situations, however, such as where the accident involves the negligence of a municipal worker, the time limitation to bring a claim may be drastically reduced. Thus, you should contact an attorney immediately to ascertain your rights.