- If you were injured in New York, you have the right to file your lawsuit in New York courts. This applies even if you live in another state or country.
- Local attorneys are crucial for navigating New York’s unique legal landscape. Their familiarity with state laws and court procedures can significantly benefit your case.
- If you’re involved in an auto accident, New York’s no-fault insurance system means your own insurance covers your medical bills and lost earnings, regardless of who was at fault.
- Your auto insurance policy will adjust to meet New York’s minimum requirements if your home state’s minimums are lower.
Visiting New York might involve a stroll through Central Park, eating a slice of New York-style pizza, or shopping on Fifth Avenue. As you enjoy the sights and sounds of the city that never sleeps, an injury is the last thing you expect. But when the worst happens, you need to know what to do if you are injured while visiting New York. Knowing your legal options can make a big difference if you were involved in an out of state car accident or suffered another injury.
At Chopra & Nocerino, we understand the stress and confusion that comes with an injury far from home. The last thing you need when dealing with serious injuries is a confusing legal process with different insurance requirements than you are used to. Our team is here to guide you through every step, treating you like family and fighting aggressively for your rights throughout your recovery.
Can I File a Lawsuit in New York if I Live in Another State or Country?
In the unfortunate event of an accident, the good news is you can file a personal injury lawsuit in New York, even if you live in another state or country. The ability to file a lawsuit primarily depends on where the injury happened and where the defendant can be pursued.
If your injury happened in New York, the local courts have jurisdiction over your case. You can file your lawsuit in New York regardless of your home state or country. Here are the key points to consider:
- Location of the injury – If the injury happened in New York, you have the right to file your claim in New York courts. This is true whether you slipped on a wet floor, were involved in an out of state car accident, or suffered another type of accident.
- Defendant’s location – If the defendant lives in New York, local courts have personal jurisdiction. So, if a negligent New Yorker hurts you, you can file your lawsuit in New York.
- Nonresident defendants – If the defendant is visiting New York, you can still sue in New York for accidents caused here.
If you need help navigating this process, our personal injury lawyers are here to assist you. Whether you need us to negotiate with insurance companies or assess your potential damages, we’re ready to stand by you through this challenging time.
Which State Laws Do I Need to Follow: New York’s or My Home State’s?
Key New York Laws to Follow
New York statute of limitations – You must file your lawsuit within a specific timeframe, typically three years from the date of your injury. Missing the New York personal injury statute of limitations can result in the court time-barring and dismissing your case.
No-fault insurance system – New York’s no-fault insurance system means that your own insurance will cover basic economic losses, such as medical bills and lost earnings, up to a certain limit, regardless of who was at fault. This system provides prompt payment for your injuries, which litigation could otherwise delay.
How Does Auto Insurance Work for an Out-of-State Car Accident?
Local laws can significantly impact how your case is managed. The following frequently asked questions will help you understand how car insurance works for an out-of-state car accident in New York.
Will My Auto Insurance Policy Cover an Accident in New York?
Your auto insurance policy will typically cover an accident in New York. Auto insurance in the U.S. is generally designed to be valid nationwide. So, your coverage will most likely still apply if you get into an accident while visiting New York. However, reviewing your policy details and confirming your coverage limits before traveling is a good idea. If your policy is unclear, call your insurance provider to confirm coverage before your trip.
Do I Have to Follow New York's No-Fault Insurance System?
New York operates under a no-fault insurance system for auto accidents. This means that if you get into an out of state car accident while visiting New York, your insurance company will pay for your medical bills and lost earnings up to your policy’s personal injury protection (PIP) limits, regardless of who was at fault. This provides prompt payment without the need to prove fault. File your claim according to the insurance provider’s instructions.
Filing Your Insurance Claim
While New York’s no-fault system is in place, you must file your insurance claim with the insurance company of the vehicle you were in, whether that is your car, a friend’s, or a rental. You will file a written notice of claim that identifies the injured parties, the time and date of the accident, and its circumstances.
It’s best to file your claim as soon as possible and no more than 30 days from the accident date unless you have reasonable justification for the delay. Make sure to contact your insurance provider promptly to understand their required steps.
Will My State's Minimum Requirements Be Adjusted to New York's Minimum Requirements?
If you’re from a state with lower minimum insurance requirements than New York, your policy normally adjusts automatically to meet New York’s higher minimum requirements while you’re in the state. When you travel out of state temporarily, you automatically activate your policy’s “broadening clause.” This temporarily adjusts your insurance to align with New York’s laws.
This is particularly useful if you are from a state with different insurance requirements. It provides coverage according to New York’s standards, providing the legally required protection in case of an accident.
New York's Minimum Insurance Requirements
New York requires the following minimum coverages for auto liability insurance:
- $25,000 for bodily injury per person ($50,000 if they die)
- $50,000 for bodily injury per accident ($100,000 if they die)
- $10,000 for property damage per accident.
The state also requires $50,000 in PIP insurance, $25,000 in uninsured motorist bodily injury per person, and $50,000 in uninsured motorist bodily injury per accident.
Understanding these auto insurance requirements can help you file your claim more effectively. If you need assistance, our experienced lawyers at Chopra & Nocerino can help.
Should I Hire a New York Based Attorney or Find One Where I Live?
If you are wondering whether to hire a New York injury attorney or one from your home state, consider the following factors:
- Familiarity with local laws – New York state laws are unique and complex. Our local attorneys know and understand these laws, allowing them to handle your case properly and promptly.
- Knowledge of court procedures – Each state has its own court procedures and protocols. An attorney licensed in New York will know the ins and outs of local courts, which can be a significant advantage.
- Local connections – Attorneys who practice in New York often have established relationships with local experts, courts, and other attorneys. These connections can help in negotiating settlements and navigating the legal system.
An attorney who knows the legal environment where your accident occurred can better serve your needs.
Why Choose Chopra & Nocerino for a New York Injury?
When you’ve been injured out of state, you need a law firm that understands the local landscape and can help you file your claim confidently and efficiently. Here’s why Chopra & Nocerino should be your top choice:
Local Knowledge
We have over 20 years of combined experience fighting for clients in New York. We know New York state laws, court procedures, and the unique challenges that come with injury cases here.
Impressive Track Record
We have secured tens of millions in case results for our clients, including numerous multi-million dollar verdicts and settlements. Our wins include a wide range of personal injury accidents, from motor vehicle crashes to premises liability. We’ve seen it all and know how to handle each case.
Aggressive and Personalized Representation
We are real New Yorkers who will fight for you at every step down the road toward compensation. We step up to the plate when you’re hurt, providing aggressive yet compassionate representation. You can trust us to have your back during your recovery.
Convenient Location and Accessibility
Our law office is conveniently located in Garden City, making it easy for you to meet with us in person. Our team will be available to answer your questions throughout the claims process, and we’re happy to talk with you even if you’re no longer in New York.
Contact Us for Your Free Consultation
An unexpected injury on an otherwise enjoyable trip can significantly disrupt your life. We understand how frustrating and stressful this challenge can be, but you don’t need to go through this alone.
Don’t wait to get the help you need. Call (855) NYC-HURT or contact us online to schedule your free consultation today.
