New York car accident loans

No-Fault Insurance: New York is a no-fault state for auto insurance. This means that after a car accident, each driver’s own insurance typically covers their medical expenses and certain other damages, regardless of who was at fault.

Serious Injury Threshold: In New York, there is a serious injury threshold that determines whether a personal injury lawsuit can be pursued. To file a lawsuit for pain and suffering damages, the injured party must meet specific criteria, such as significant disfigurement, permanent injury, or a medically determined injury that prevents the injured person from performing daily activities for at least 90 days.

Comparative Negligence: New York follows a pure comparative negligence system. If you are partially at fault for a car accident, your compensation may be reduced proportionately to your percentage of fault. You can still recover damages even if you are primarily responsible for the accident.

Statute of Limitations: In New York, there is a statute of limitations for filing a personal injury lawsuit after a car accident. Generally, you have three years from the date of the accident to initiate a lawsuit seeking damages for injuries or property damage resulting from the collision.

Seat Belt Laws: New York has primary enforcement seat belt laws for drivers and passengers. Law enforcement officers can stop and ticket drivers and passengers solely for not wearing seat belts.

No Handheld Devices While Driving: New York law prohibits all drivers from using handheld electronic devices, including cell phones, while driving. Only hands-free devices are allowed.

Dram Shop Liability: New York has “dram shop” laws that hold establishments accountable for serving alcohol to visibly intoxicated individuals who later cause car accidents. Under certain circumstances, the bar or restaurant may share responsibility for the accident and resulting damages.

Uninsured/Underinsured Motorist Coverage: New York requires auto insurance companies to offer uninsured and underinsured motorist coverage to policyholders. This coverage can protect you if you are involved in an accident with a driver who does not have insurance or whose insurance coverage is insufficient to fully compensate you for your damages.

Emergency Medical Services and Accident Reports: In New York, any ambulance service that treats a person injured in a car accident must report the accident to the Department of Motor Vehicles (DMV) within 48 hours. The DMV maintains a record of these reports.

No “Assumption of Risk” Defense: New York law prohibits the “assumption of risk” defense in car accident cases. This means that defendants cannot argue that the injured party assumed the risk of injury by engaging in certain activities or behaviors.