Goldberg Sager & Associates
Free Initial Phone Consultation
347-497-3245

RECOVERING AUTO ACCIDENT DAMAGES UNDER NEW YORK'S NO-FAULT SYSTEM

For drivers in most New York vehicle accidents, injury claims are made against their own auto insurance policy. Under this no-fault law, it does not matter who was responsible for the collision. However, personal injury actions are allowed for claims involving serious injuries or death. Serious injuries include fractures, significant limitation of a body function, and injuries that impair the victim's ability to function normally for at least half of the six months following the accident. In these cases, the other driver can be sued for damages including pain and suffering, which are not available in no-fault claims.

Like other personal injury lawsuits, filing an auto accident claim must occur within three years after the accident happened or it will be barred by the statute of limitations. This three-year rule also applies to property damage suits.

New York's pure comparative negligence doctrine often leads to verdicts that reflect shared responsibility for the accident damages. If one driver runs a red light while the other is slightly distracted, a jury or judge determines the extent to which each party is at fault. From there, a recovery by the distracted driver would be reduced by the percentage of responsibility that they bear. If the distracted driver is ruled to be 20 percent responsible, a $100,000 damage award would be cut to $80,000.

If you have been hurt in an auto accident, Goldberg Sager & Associates, Attorneys at Law can help you seek a fair recovery for your injuries and property damage. To schedule a consultation with an experienced Brooklyn accident attorney, call 347.497.3245 or contact us online.

No Comments

Leave a comment
Comment Information

Call Us Today

To speak with a knowledgeable lawyer, contact Goldberg Sager & Associates today for a free initial consultation. We serve people in all five boroughs and throughout the New York metropolitan area, including Westchester, Nassau and Suffolk counties.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

1628 Kings Highway at East 17th Street Brooklyn, NY 11229 Toll Free: 866-721-2566 Phone: 347-497-3245 Map & Directions

Back To Top