Article: Horn Wright, Attorneys at Law, NY
The First Question After Impact
A car accident in New York quickly raises the question of who pays for medical costs, lost wages, and other damages. New York law follows a no fault insurance system, but it also applies comparative negligence when lawsuits move forward. Understanding what to do after a car accident is important for drivers, passengers, and pedestrians involved in a collision.
No Fault Insurance: Your First Safety Net
New York is one of a dozen states that use a no fault system for car accidents. Under this system, each driver’s insurance company covers medical expenses and certain economic losses, regardless of who caused the accident.
Every driver in New York must carry Personal Injury Protection, often called PIP. The standard coverage limit is fifty thousand dollars. This amount applies to each injured person in a vehicle, not just to the policyholder. The insurance covers medical bills from the accident. It also replaces a portion of lost wages if the injured person cannot work and, in some cases, pays for essential household help if injuries interfere with daily activities.
No fault insurance pays quickly and avoids long disputes over fault for most minor accidents. It ensures that injured people can receive treatment and continue daily life without waiting for a court ruling.
However, no fault insurance has limits. It does not cover pain and suffering. It also does not cover economic losses beyond the fifty thousand dollar cap. When injuries are serious or expenses exceed the PIP limit, the injured person may seek compensation through a lawsuit.
When No Fault Stops Working
New York law restricts lawsuits after car accidents to cases where the injuries are considered serious. One of the main reasons to hire an injury lawyer after a car crash is to establish that the injuries meet the serious injury threshold. This threshold prevents small claims for minor injuries and keeps lawsuits focused on more significant harm.
The law defines a serious injury as one that meets at least one of these conditions:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment that prevents the person from performing usual daily activities for at least ninety days during the one hundred eighty days following the accident
For example, a broken leg clearly qualifies as a serious injury. A soft tissue strain, unless it leads to long term impairment, may not. Doctors, insurers, and lawyers often dispute whether an injury meets the threshold. Medical records and expert testimony usually play a central role in proving that the law’s definition is satisfied.
Once a plaintiff proves a serious injury, they may pursue compensation for pain and suffering, as well as for economic losses that exceed the no fault coverage limit.
Comparative Negligence: Splitting the Blame
When a lawsuit moves forward, New York applies a rule called pure comparative negligence. This rule assigns a percentage of fault to each party involved in the accident. The court then reduces the compensation award by the plaintiff’s percentage of fault.
For instance, if a plaintiff has total damages of one hundred thousand dollars but is found thirty percent responsible for the accident, the final award is seventy thousand dollars. Even if the plaintiff is ninety percent at fault, they can still recover ten percent of their damages. This rule differs from modified comparative negligence systems in other states, where recovery stops if a plaintiff is more than fifty percent at fault.
Comparative negligence creates a strong incentive for both sides to present detailed evidence about how the accident happened. Police reports, witness statements, and accident reconstruction can all influence the percentage assigned to each driver.
How It Plays Out on the Street
Scenario 1: Rear End Collision with Whiplash
A driver stops at a red light. Another driver strikes the back of the stopped car. The injured driver suffers whiplash and visits a doctor. The injuries require a few weeks of physical therapy but do not cause permanent limitations. In this situation, the no fault system applies. The injured driver’s insurance pays medical bills and part of lost wages. Because the injuries do not meet the serious injury threshold, the driver cannot sue for pain and suffering.
Scenario 2: Side Impact Crash with a Fracture
A driver enters an intersection when another car runs a stop sign. The collision causes a broken arm. The injured driver receives treatment that costs more than fifty thousand dollars, and the fracture qualifies as a serious injury. The driver sues the at fault motorist. Evidence shows the injured driver may have been traveling slightly above the speed limit, contributing twenty percent to the crash. The total damages amount to two hundred thousand dollars. Under comparative negligence, the driver recovers one hundred sixty thousand dollars, reduced by twenty percent.
Scenario 3: Multi Vehicle Accident
Three vehicles collide on a busy highway. Investigators determine that one driver made an unsafe lane change, another followed too closely, and the third failed to brake in time. Each driver shares responsibility. The injuries include both soft tissue damage and a severe spinal injury. The person with the spinal injury meets the serious injury threshold. The jury assigns fifty percent of the blame to the lane changing driver, thirty percent to the tailgater, and twenty percent to the driver who failed to brake. Damages total five hundred thousand dollars. Each defendant pays a portion of that award according to their assigned fault percentage.
These examples show how no fault coverage handles minor cases, while comparative negligence comes into play in serious ones.
Why Legal Help Changes the Outcome
Because New York mixes no fault insurance with comparative negligence, navigating the system requires careful attention. Lawyers play several key roles in this process.
First, they help establish whether an injury meets the serious injury threshold. Medical records, diagnostic tests, and expert opinions need proper presentation. Without this proof, a lawsuit cannot proceed.
Second, lawyers gather evidence to minimize their client’s share of fault under comparative negligence. Accident reports, photographs, witness interviews, and surveillance footage can all shift the balance. The difference between being found twenty percent at fault versus forty percent at fault can change the award significantly.
Third, lawyers negotiate with insurance companies. Insurers often challenge medical bills, question the seriousness of injuries, or argue that a claimant shares more responsibility than claimed. Skilled negotiation ensures fair settlement offers before trial.
Finally, when settlement fails, lawyers prepare the case for court. They manage filing deadlines, present expert witnesses, and argue for compensation that reflects both economic and non economic losses.
The Bottom Line for New York Drivers
Car accident law in New York combines two distinct systems. No fault insurance guarantees quick payment for basic expenses up to fifty thousand dollars. The serious injury threshold limits lawsuits to cases with significant harm. When lawsuits do proceed, comparative negligence divides damages according to each party’s responsibility.
For drivers and passengers, the most important step is understanding how these rules apply. Knowing when to rely on no fault coverage, when to consider legal action, and how comparative negligence works helps people protect both health and finances after a crash. For those with serious injuries, consulting a lawyer as early as possible ensures that evidence is preserved and that claims are presented in the strongest way.
