What Rights Do You Have After a Car Accident in New York?

What Rights Do You Have After a Car Accident in New York?

Life in New York is fast-paced and hectic. The roads are packed with cars and pedestrians, and the commute is rushed. With all this, the last thing anyone wants to deal with is a car accident. The aftermath of a collision involves a complicated process for which you need trusted legal aid, such as car accident lawyers in New York. It can be a nightmare to be in a car accident. Nightmare, therefore, you need someone who can help you understand your rights.

Types of Car Accidents in New York


There are certain cars that have a higher risk of rolling over because of the load, center of gravity and weight. Risk factors for rollover accidents are poor weather conditions, high speeds and obstacles in the road.

Head-on Accidents

Most dangerous of all accidents as they have a higher chance of leading to severe injuries like traumatic brain injuries and spinal cord injuries.

Rear-end Accidents

Most common accidents in New York are caused when the front car stops suddenly, causing the rear driver to collide with the vehicle with them.

Reckless Driving Accidents

These kinds of accidents occur when the driver is intoxicated, ignores road rules or drives in a way that is extremely dangerous to other people.
Several laws are made to keep New Yorkers safe on the road. Even though car accident lawyers in New York can help, every citizen should be aware of these laws to know their rights, and god forbid they get into a car accident situation.

Here are some important laws that each one of you should keep in mind: –

No-fault Laws

New York is one of those few states that have ‘no fault’ car insurance and accident compensation laws. Under this law, it is stated that if you ever get into an accident, you will first submit a claim to your insurance provider for the injuries resulting from the accident.
Under limited circumstances, if the injuries are permanent and severe, the victim can file a claim against the other driver’s insurance company, or if necessary, a lawsuit can be filed. These circumstances may include the following:-

  • Limitation of a body function or system
  • Permanent Impairment of a limb or organ
  • Broken bones
  • Substantial disfigurement
  • Full disability for 90 days

Comparative Negligence

In New York, the car accident laws also include any potential comparative negligence on the part of the plaintiff. In almost all cases, juries are expected to calculate the percentage of fault belonging to each party and the damages. Interestingly, this law applies even if you are primarily at fault. For example, if you are 90% at fault, the other party must pay 10% of your total damages.

Statute of Limitations

This is the deadline by which you have to file a claim with the court. In New York, for any car accident, it is 3 years.

Report Requirements

As per New York state, if an accident causes injury, death or property damage above $1,000 can, it should be reported to the DMV within 10 days of the accident. Failing in doing so can lead to license suspension until a report is filed.

Get Help from an Experienced Legal Team

The best way to maximize your car accident compensation is to hire a legal team with the experience to fight for your rights throughout the process. At Siler & Ingber, car accident lawyers in New York have been providing top-quality legal representation to injured people in New York. The legal battle in a car accident is terrifying & disturbing. It shouldn’t be. We will help you in every way possible and secure the payment you are entitled to. Do not delay further; contact Siler & Ingber team today!

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