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Can I file a suit against the driver responsible for my accident?

On Behalf of | Feb 7, 2022 | Injuries |

Many New Yorkers suffer serious injuries and property damage as a result of a motor vehicle accident. Because New York is a no-fault state, many drivers are generally expected to file a claim for damages with their own insurer, no matter who is at-fault for the accident. Basic no-fault insurance coverage will typically cover up to $50,000 per person, including the driver and passengers in your vehicle, and pedestrians injured in the accident. Reasonable medical expenses, a portion of your lost wages, a death benefit for any accident-related deaths, and a portion of your other expenses may be covered by no-fault insurance.

However, no-fault insurance does not always cover everything. Under New York state law, a driver may file a legal claim for additional damages, including damages for pain and suffering, if you meet the serious injury threshold.

What is the serious injury threshold?

In New York, you must meet the serious injury threshold to file a lawsuit after an accident. According to Article 51 of New York Insurance Law, a serious injury is legally classified as one of the following:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Loss of fetus
  • Fracture
  • Permanent loss of body function, member, organ, or function
  • Permanent limitation of body organ or member
  • Non-permanent injury that prevents you from performing your usual activities for at least 90 days of the 180 days after the crash

To file a claim against your insurer or file a lawsuit against the parties that caused your car accident, you may benefit from consulting with an attorney. The experienced attorneys at Chopra & Nocerino, LLP have helped countless victims recover damages after an accident.