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Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.
You Must Have a Serious Injury As Defined By Law This will allow the injured party to sue the liable party based on negligence or demand compensation based on their auto liability insurance policy.
If you are in a traffic crash that involves a fatality or personal injury, you must report it to the DMV. You must also report any traffic incident or crash that involves $1000 or more in damage to the property of any one person.
The statute of limitations in New York for a personal injury action, including those involving car accidents, is three years. The timeline begins running on the date the accident occurred. However, there are certain circumstances under which the statute of limitations may be much shorter.
Call 911 to report a vehicle accident that just occurred if: Any person is injured or killed. A domestic animal is injured or killed. A parked vehicle, or any other property is damaged, and the owner cannot be located. A vehicle needs to be towed.
Do you need a police report to file an insurance claim in New York? Generally, you do not need a police accident report to initiate an insurance claim, but this report can be an invaluable piece of evidence to help prove the negligence of at-fault drivers.
As New York is a no-fault state, it will not matter who caused the car accident when it comes to your insurance company paying your medical bills and lost wages. The average amount that injured parties receive in car accident settlements is around $28,000.
Call 911 or police to ensure emergency personnel can treat injured people on the scene and to make sure a police report is made. If you don't need to be taken by ambulance to be treated at the hospital, be sure to seek medical treatment as soon as possible at the ER, urgent care, or your general practitioner.