If you’ve recently been in a car accident, you may be looking at overwhelmingly large medical bills and wondering about your options. Meanwhile, the insurance company is likely making you jump through hoops to move through the claims process while you’re simply trying to recover. If you are considering filing a lawsuit but are unsure whether your case will qualify, we recommend consulting a car accident lawyer in New York.
Below, our team from Elliot Ifraimoff & Associates, PC, will discuss the signs of a strong car accident lawsuit in New York. Please note that these are simply indicators and that every situation has its own nuances. Consider seeking professional guidance if you have questions about whether or not you have a valid car accident claim.
You Suffered Damages That Meet the Serious Injury Threshold
New York follows a no-fault insurance system. This means that every driver is required to carry Personal Injury Protection (PIP) coverage, which pays for certain medical expenses and lost income after a collision, regardless of who caused it. Essentially, if you’re in an accident, you file with your own provider first for fast access to PIP benefits.
Still, there are limits to what no-fault benefits cover, which brings us to the question of lawsuits. In New York, a person may only pursue a lawsuit against another driver if their injuries or damages meet the state’s “serious injury” threshold.
The state defines “serious injuries” as those involving significant limitations, long-term impairments, disfigurements, fractures, or extended disruptions to daily activities. If your damages meet this threshold, you may qualify to file a lawsuit, though this is only one factor.
Another Party Contributed to the Accident
To pursue a car accident lawsuit in New York, there generally must be evidence that another party contributed to the collision. Depending on the circumstances, potentially liable parties may include:
- Another driver
- An employer of the driver
- A vehicle owner
- A trucking company
- A rideshare driver or company
- A vehicle manufacturer
- A municipality responsible for road maintenance or traffic control
Crashes involving multiple vehicles account for nearly half (43%) of all motor vehicle-related fatalities. Proving fault in a New York car accident case becomes more difficult when no other vehicles are involved, but it’s not impossible. For example, poor road conditions or a vehicle malfunction may be attributable to negligent actions.
The Liable Party Is Insured
In 2023, more than 15% of motorists on the road in the U.S. were uninsured. This equates to roughly one in seven drivers.
If the liable party carries insurance coverage, there may be a clearer source of financial recovery available through a claim or lawsuit. In other cases, however, the amount available can be limited by the at-fault party’s policy or lack thereof, which can affect your claim outcome.
For reference, the average cost of a car accident that resulted in an “evident” injury in 2024 was $45,000. This average shot up to $174,000 for disabling injuries. If the defense’s liability policy is capped at $50,000 and you incur $75,000 in damages, you may not be able to recoup that remaining $25,000, depending on the defense’s financial situation.
You Were Evaluated by a Medical Professional for Your Injuries in a Timely Manner
Another sign of a strong car accident lawsuit in New York is timely medical attention. Seeking a medical evaluation shortly after a car accident can help document when injuries first appeared and how they may have stemmed from the collision. If there is a long delay before this evaluation or any treatments, an insurance company or defense attorney may argue that the condition developed later or was caused by something unrelated to the accident.
You Have Evidence Supporting Your Case
Strong car accident claims are often supported by evidence showing how the collision occurred, who may have been responsible, and the extent of the resulting injuries or losses. Here are just a few examples of evidence supporting a car accident lawsuit in New York:
- Police accident reports
- Photographs or video footage from the scene
- Witness statements
- Medical records
- Documentation of vehicle damage
- Traffic camera or dashcam footage
- Proof of lost wages or other financial losses
You’re Filing Within the Required Timeframe
New York law places deadlines on filing car accident lawsuits, commonly referred to as statutes of limitations. In many personal injury cases, a lawsuit must be filed within three years of the accident, although shorter deadlines may apply when a government entity is involved, and minors may be granted extensions. Missing a filing deadline can affect your ability to pursue compensation.
Do You Need To Speak With an Auto Accident Lawyer in New York?
The above signs of a strong car accident lawsuit in New York give only a glimpse into how the state’s legal processes operate. Keep learning with our guide on the common causes of car accidents and legal liability. For help with an active claim, you can reach Elliot Ifraimoff & Associates, PC, at (718) 205-1010.
FAQs
Find answers to a few more common questions about car accident lawsuits in New York below.
How Do I Know if My Car Accident Damages Are Worth Filing a Lawsuit?
Whether or not your car accident damages are “worth” filing a lawsuit depends on the unique circumstances of your case. However, in New York, you must meet the state’s “serious injury” threshold to file a lawsuit.
What Should You Do After a Car Accident?
If you’re involved in a car accident, call the police to file a report, seek medical attention, and try to gather evidence from the scene before leaving. Contact your insurer to begin the claims process and consider consulting an attorney.
Do I Need an Injury Lawyer in New York if I’ve Been in a Car Accident?
You are not required to hire an attorney after a car accident, though legal counsel may be helpful. If you’re unsure whether you meet the qualifications for a strong car accident lawsuit in New York, you can consult an attorney for guidance.