If you suffered injuries in a car accident in New York, you may discover that you do not automatically have the right to sue the driver who caused the accident. New York law requires all drivers to carry no-fault personal injury protection (PIP) coverage, which compensates injured car accident victims for medical recovery expenses and lost income.
However, an injured car crash victim may pursue a lawsuit against an at-fault driver if the injured victim meets the New York serious injury threshold. After a collision, a car accident attorney can help you understand the serious injury threshold and how it applies to your case.
Understanding the Serious Injury Threshold
New York’s insurance law helps reduce litigation arising from car accidents by requiring injured crash victims to turn to their car insurance company first for reimbursement for financial losses incurred from accident injuries. However, car accident victims who sustain injuries that meet the serious injury threshold may have the right to sue an at-fault driver for their expenses or losses.
Meeting the Serious Injury Threshold
A car accident victim can meet New York’s serious injury threshold if they have incurred economic losses of more than $50,000 or if they have suffered a serious injury that meets one of the nine criteria under state law, including:
- Death
- Dismemberment
- Significant disfigurement
- Bone fracture
- Loss of a fetus
- Permanent loss of use of a body member, organ, function, or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- Medically diagnosed non-permanent injury or impairment that prevents a person from performing substantially all their usual and customary daily activities for at least 90 of the 180 days following the car accident
Various circumstances can make meeting the serious injury threshold challenging, including pre-existing injuries, gaps in treatment, and deficiencies in your medical records.
Why You Need Legal Representation After an Accident in New York
An at-fault driver’s insurance company will fight hard to argue that your injuries or losses do not meet the serious injury threshold. You need an experienced legal advocate who will fight for your right to hold the at-fault driver accountable when you’ve suffered qualifying physical and financial losses after a car accident. The attorneys at Campbell & Associates will fight to maximize your financial recovery after a car accident by:
- Investigating the crash to recover evidence of the other driver’s fault
- Gathering your medical records and working with your treating healthcare providers to establish the nature of your injuries
- Documenting your ongoing expenses and losses
- Bringing in medical experts as needed to strengthen your case
- Vigorously pursuing your claims against the at-fault driver and their insurance, even if that means going to court
Contact an Auto Accident Attorney Today
When you’ve suffered severe injuries in a car accident in New York, you may have the right to pursue a claim or lawsuit against the driver responsible for causing the crash. Contact Campbell & Associates today for a free, no-obligation consultation with our legal team to discuss your options for holding the at-fault driver accountable.
