If you’ve sustained injuries in a winter weather car accident, it’s essential to understand that New York is a no-fault state. You would rely on your insurance policy to cover your medical bills and lost wages, no matter who is responsible. For example, during a snowstorm, a driver on their cell phone rear-ends you. It is clearly their fault. The no-fault laws provide benefits regardless of liability. But, if you have suffered a serious injury in the accident, you may also be allowed to file a lawsuit against the responsible party and their insurance company. In these matters, it’s wise to know your rights.
An experienced car accident lawyer in New York City from Friedman, Levy, Goldfarb, Green & Bagley, P.C. is ready to advocate for fair and reasonable compensation by leveraging our substantial resources and experience. Contact us for a free consultation. We are happy to answer any questions and assess your case.
How Does No-fault Laws Affect Financial Compensation?
In New York, as noted above, you typically must go through your own insurance policy to recover compensation for your economic losses. This can be a disappointment because no-fault insurance policies do not cover all the damages that could be available with a civil suit. No-fault coverage pays for your medical bills and a portion of lost wages, but only up to policy limits. Non-economic damages such as pain and suffering are not covered.
Are There Exceptions to No-fault Laws?
The law does allow you to step outside the no-fault system. You can file a lawsuit against the party responsible if you have sustained serious injuries.
Injuries that rise to this threshold include the following:
- Dismemberment
- Loss of a fetus
- Broken bone
- Significant disfigurement
- Permanent limitation of an organ, function, or system
- Injuries that prevent you from your daily activities for 90 out of the first 180 days after the accident
If you reach this threshold, you may recover compensation beyond your policy’s no-fault benefits, which could include both economic and non-economic damages, e.g., pain and suffering, psychological trauma and the effects of permanent scarring or disabilities.
Not Every Accident Results in a Viable Case for Compensation
The reality of winter weather car accidents is that there will not always be a negligent party. Driving in snow, rain, or ice can result in an accident despite a motorist’s best efforts to drive safely. Car accidents on black ice are especially dangerous, as it is almost impossible to discern whether driving in local neighborhoods or on highways.
However, discussing your options with an attorney when you are hurt in a collision is always wise.
Schedule a Free Consultation with Friedman, Levy, Goldfarb, Green & Bagley, P.C.
If you were involved in a winter-weather car accident in New York City, state law could significantly affect your options to recover fair and reasonable compensation for your losses and damages. In many cases, you could be limited in your ability to file a lawsuit. Despite this, our team could help you obtain the justice you deserve. Call for a free consultation today. Since we work on a contingency basis, you pay no legal fees unless we win your case.
