New York City is consistently ranked as one of the worst cities in the U.S. for drivers. As such, whether jammed in traffic on 5th Avenue or speeding down 12th Avenue, accidents do happen and it’s important to always be prepared.
If you were in a car accident in NYC, you may be entitled to damages. But when filing a personal injury lawsuit for a serious injury, one of the first steps is proving who was at fault in the accident. By contacting the NYC car accident attorneys at Hoffmaier & Hoffmaier, we’ll thoroughly investigate the details of the accident with the goal of proving fault.
For a free consultation, contact our Manhattan office today by dialing (212) 777-9400. In the meantime, you can learn more about New York fault laws below.
No Fault Laws in NYC
New York is among a dozen states that have a “no-fault” car insurance law. In essence, this law states that, after a car accident, you must turn to your own car insurance coverage for any injury claim regardless of who caused the accident. This law also applies to any cyclist, pedestrian, or driver that’s injured in a motor vehicle accident.
There are some limits to this law, and in special circumstances, you can file a claim against the other driver. Some of these special circumstances involve the presence of major injuries, such as:
- Disfigurement
- Bone fracture or break
- Permanent disability in arm or limb
- Significant disability in a body system
- Full disability for at least 90 days
In addition to covering medical expenses, the no-fault law also provides for lost wages and out-of-pocket expenses. For lost wages, the claimant’s employer will need to send a No-Fault Wage Verification Report and a doctor will need to include a note saying that you are disabled and cannot perform your normal job duties.
Time Limits for Filing a Lawsuit
Following an accident, applicants have 30 days from the date of the crash to file the application. Keep in mind that filing the application does not mean that you’re devoting yourself to the claim later on. Instead, filing this form stands as a mean to protect your rights while letting you file a claim if needed.
It is important to note that, if your accident is exempt from New York’s no-fault laws (see above), then the statute of limitations for personal injury is three years after the accident. In other words, if you meet one of the conditions above, you have three years to file a personal injury lawsuit.
Contact the NYC Personal Injury Attorneys at Hoffmaier & Hoffmaier Today
When injured in an accident, it is crucial to take care of your health and injuries. Unfortunately, this can be difficult if you have massive medical bills to pay and you’re unable to work and bring home an income. This is where the car accident attorneys at Hoffmaier & Hoffmaier can help.
We’ll diligently and aggressively help you pursue a personal injury lawsuit to cover damages incurred in an accident, including medical bills, therapy, loss of wages, loss of future earning capacity, and even pain and suffering. For a free consultation with our NYC attorneys, call our law office today at (212) 777-9400.
