Bronx & New Rochelle Car Accident Attorney
Famous for its packed streets and constant traffic, New York ranks in the top ten states with the most fatal car accidents per year (although has one of the lowest rates per capita). For car accident victims in Bronx, New Rochelle, and Westchester County, seeking the aid of an automobile accident attorney when recovering damages can help you in getting your full compensation amount. Let our Bronx & New Rochelle car accident attorneys help today.
Navigating New York’s No-fault Insurance Laws
The state of New York enforces a no-fault car insurance law. These laws can make it confusing to understand against whom to file a claim after an accident, as well as what types of damages are covered. Essentially, the no-fault law stipulates that regardless of who is at fault for an accident, an injured person’s insurance company will pay up to $50,000 for economic losses.
In the event that a person who has been injured in a car accident qualifies, they can file a claim directly against the at-fault driver in order to recover noneconomic damages, like pain and suffering, which are not covered under a no-fault policy. In order to step outside of the no-fault system, an injured driver or passenger must:
- Incur economic losses exceeding $50,000; or
- Suffer a serious injury.
According to New York’s insurance code, article 51, a serious injury is any personal injury that results in death, dismemberment, disfigurement, loss of a fetus, fracture, loss of use of body member or organ, or permanent limitation or significant limitation of use of body member or organ. Our Bronx auto accident attorneys can provide more information.
When Filing a Fault-based Claim
If stepping outside of the no-fault insurance system and filing a fault-based claim, the party seeking damages will have to prove the negligence of the party from whom damages are being sought. Negligence is the foundation of all nearly all personal injury automobile accident claims, and alleges that the at-fault party caused the accident through careless or reckless action. Examples of negligence that may lead to an automobile accident include:
- Reckless driving;
- Failing to yield;
- Ignoring stop signs/traffic signal devices;
- Driving intoxicated or impaired; or
- Otherwise violating traffic and safety laws.
It is not enough to prove negligence alone, however; you must also prove that your injury would not have been sustained but for the other driver’s negligence.
Time Limits for Filing an Automobile Accident Claim
When pursuing a negligence-based claim, you must file your suit against the other driver within three years’ time following the date of the accident, per New York Civil Practice Law & Rules Section 214. A lawsuit can yield both economic and noneconomic damages. In rare cases, punitive damages are also recoverable.
Contact a Bronx/New Rochelle Auto Accident Attorney Today
Do not wait to take action after being injured in a car accident – the sooner that you contact a car accident attorney, the sooner that you can recover compensation for your losses. The experienced Bronx, New Rochelle, and Westchester County automobile accident attorneys at Cavallo & Cavallo want to meet with you to discuss your claim today. Initial consultations with our team are always free – to schedule yours now, call us 914-235-8500.