To determine how car accident injury victims are compensated, state laws either follow “at fault” or “no fault” principles. In at-fault states, a person who was hurt in a vehicle collision must prove that another driver was responsible in order to recover benefits from the other driver’s insurance company. In no-fault states, every driver’s own insurance policy covers them alone, so they simply have to file a claim with their provider to receive benefits.
New York is a no-fault state. However, the laws in New York differ from a typical no-fault model because they allow drivers to sue the other driver in addition to recovering benefits from their own insurance company. To pursue additional compensation through a lawsuit, an injury victim’s case must meet certain requirements.
Only people who sustained severe injuries in a car accident are able to file a liability lawsuit in the state of New York. The purpose of these type of lawsuits is to provide supplemental compensation in addition to insurance payments, so victims must have an ailment that insurance may not be able to address.
An injury victim can sure another driver after a collision if they suffered from:
- Limb loss
- Full disability
- Loss of organ function
If a victim did suffer from one of the qualifying injuries, they still must be able to prove the fault of another driver before pursuing a lawsuit is possible. If you are considering suing another driver, you should make sure you have evidence of the other driver’s role in the collision first.
The purpose of a car accident lawsuit is to recover compensation, so it is also crucial to make sure the other driver will be able to pay you the benefits you deserve.
At Scarzafava, Basdekis & Dadey, PLLC, our attorneys are available to discuss your options following a car accident. We can evaluate the details of your accident and determine if a lawsuit is plausible.
Schedule a free consultation through our contact form or by calling (607) 228-8404.