Being familiar with New York’s car accident laws is useful for anyone who lives or works within the state. Although you should always speak with an experienced personal injury lawyer, it can be helpful to have a basic understanding of state laws and what you can expect after being involved in a New York car accident.
At Local Accident Reports, our nationwide car accident attorneys know how profoundly traumatic car accidents can be. Our goal is to support our injured clients and protect their right to compensation. Contact us to find out more about what we can do for you after a serious car accident.
Most Common Types of New York Car Accidents
When learning about New York’s car accident laws, there are certain types of accidents that will be mentioned more than others. The main types of car accidents you should be aware of are:
Head-on Collisions
Head-on collisions do not happen very often, but, when they do, they are extremely serious. They have a greater chance of causing severe injuries, including traumatic brain injuries and spinal cord injuries.
Rear-end Accidents
Rear-end accidents are the most common kind of car accident in New York and the United States. The most common causes of these accidents are a sudden stop by the leading vehicle and a distracted driver in the rear vehicle. Since drivers are expected to leave plenty of space between their car and the car in front of them, a rear-end accident is often the fault of the rear vehicle, but this is not always the case.
Vehicle Rollovers
Based on their load, center of gravity, and weight, certain vehicle models have greater odds of rolling over. Inclement weather, hazards in the roadway, and high speeds can also lead to rollover accidents.
T-Bone Accidents
Also known as side-impact collisions, these occur most often at intersections. The severity of the collision will hinge on the speed of the vehicles involved, which seats are occupied, and what sections of the vehicles make contact.
Sideswipe Crashes
Sideswipe crashes take place when the sides of two vehicles traveling in the same direction make contact. The most common causes of New York sideswipe accidents are vehicles unintentionally drifting into another lane and merges or lane changes executed without checking a vehicle’s blind spots.
Single-Vehicle Accidents
As the name suggests, these accidents involve a single car. They include striking posts, fences, potholes, buildings, or other objects. They can also be caused by a driver veering off the roadway, losing control due to bad weather conditions, or mechanical failures. Common causes include inclement weather, drunk driving, and distracted driving.
What Are New York’s Car Accident Laws?
There are many statutes that relate to car accidents in New York. The most important laws that drivers need to keep in mind are:
Comparative Negligence
New York car accident laws include a concept called comparative negligence. This means that even if you were partially at fault for your accident, you may still be able to collect damages from the other involved party. Many car accidents do not have a clear-cut at-fault party, especially when multiple actions combined to cause the wreck. The most notable part of comparative negligence laws is that they apply even if you were mostly at fault. So, if you were found to be 80% at fault for an accident, the other driver could be liable for 20% of your damages.
No-Fault Laws
New York also has no-fault auto insurance. This means that after an accident, you should file a claim with your personal injury protection insurance. PIP benefits typically cover economic damages like medical care and lost income, regardless of who was at fault for the accident.
Car Accident Reporting Requirements
New York requires that any traffic accident be reported to the Department of Motor Vehicles using Report of Motor Vehicle Accident form MV-104 no more than ten days after the accident if it resulted in death, injury, or more than $1,000 in property damage. Failing to properly report an accident is punishable by the suspension of your driver’s license.
New York Car Insurance Laws & Coverage Requirements
The following car insurance coverages are required in the state of New York:
- Liability insurance for bodily injury
- Liability insurance for property damage
- No-fault coverage, also known as personal injury protection
- Uninsured driver bodily injury
There are also minimum amounts of coverage every driver is required to carry on their auto insurance policy. They are as follows:
- Property damage: $10,000 per accident
- Bodily injury: $25,000 per person per accident/$50,000 total per accident
- Personal injury protection: $50,000
- Uninsured motorist bodily injury: $25,000 per person/$50,000 per accident
These liability requirements are often referred to as 25/50/10 because of the coverage amounts associated with each category.
The other facet of New York car insurance laws that drivers need to be familiar with is the punishments for driving without the required insurance minimums. You could face steep fines and even have your car impounded. If they are not paid promptly, the fines will gradually increase over time.
The longer you go without car insurance, the more serious the penalties become. For instance, after 90 days of having no insurance, your license can be suspended, and you may be asked to surrender your plates to the New York DMV. The state requires all drivers to maintain their liability insurance even if the registered vehicle is not in use, with the exception of some motorcycles.
Furthermore, New York does not permit residents to carry out-of-state insurance. All policies have to be issued by an insurance company certified by the New York State Department of Financial Services and the New York DMV.
Additionally, liability insurance must be in the same name as the person listed on the vehicle registration. Should this present a problem, however, drivers are permitted to add an additional name to their vehicle registration. Only two names are allowed.
Uninsured Motorists in New York
If you are involved in a traffic accident where the other driver does not have car insurance, you should handle the accident just as you normally would; by seeking immediate medical attention and reporting the incident. New York has special insurance laws in place to cover injuries or damages caused by uninsured drivers. This is actually a combination of uninsured motorist coverage and personal injury protection insurance. New York requires drivers to carry both. Although drivers may not carry coverage below the state minimum, they can choose to purchase a higher coverage amount.
The first step after being in an accident with an uninsured driver is to notify your insurance company. If you have been injured, you should also contact an attorney for further guidance.
Suing an Uninsured Driver
If your auto insurance policy does not offer enough coverage, you do have the option of bringing a lawsuit against the uninsured driver for damages. Keep in mind that there is a three-year limit on filing a suit after an accident.
If you plan on filing a lawsuit, it is a good idea to work with a New York personal injury attorney. New York’s varied auto insurance requirements often make matters complicated. An experienced attorney will understand which laws apply to your case and how. They will also be able to help you file paperwork, collect evidence, and ensure that no deadlines are missed.
New York Is a No-Fault Car Accident State
As previously mentioned, New York is a no-fault state when it comes to traffic accidents. No-fault insurance laws mean that no matter who was liable for the crash, you will file a claim with your insurance provider. This is different from fault states, where drivers would need to file a claim with the at-fault driver’s insurance provider. This is the main reason why New York requires drivers to carry personal injury protection.
New York’s Civil Statute of Limitations for Car Accidents
The statute of limitations is the window of time within which a criminal or civil case may be filed with the court. In New York, the statute for all personal injury cases, which includes most car accident cases, is three years from the date of the accident.
However, this deadline can vary depending on if the accident resulted in death, injuries, or property damage.
The New York statute of limitations is summarized in the New York Civil Practice Laws & Rules, section 214. This deadline applies to anybody who is injured in a car crash, whether they were a driver, passenger, pedestrian, bicyclist, or motorcyclist.
The three-year statute also applies if you are only pursuing financial compensation for damage to your property, such as your vehicle and items inside your vehicle that were destroyed in the collision.
In accidents involving wrongful death, the statute of limitations is reduced to two years from the day the death occurred, which may or may not be the same day as the accident.
In a situation where a car accident is caused by a municipal, state, or city agency, the statute of limitations is reduced to 90 days.
If the statute of limitations expires before you file your claim, you will not be permitted to file another one and will be barred from collecting any financial recovery at all. If you are considering pursuing legal action, don’t wait to get help. Your lawyer will need time to build your case and get the proper legal documents filed on time to preserve your right to receive compensation. It is in your best interest to speak with a qualified New York car accident lawyer as soon as possible.
Exceptions for Minors
In cases where the injured victim is under 18 years of age, there is an exception to the statute of limitations rule. In cases of an injured minor, the statute of limitations does not begin to run until the injured party turns 18 and remains active for the next three years until they turn 21.
Talk to a New York Car Accident Lawyer
If you were injured in a New York traffic accident caused by another party, you may be eligible to recover damages for your hospital bills, lost earnings, and more. You should not have to face financial setbacks because someone else was negligent and caused your injuries. The nationwide auto accident lawyers at Local Accident Reports can help ensure you receive fair financial compensation that covers your physical and financial losses. You can also find more important information on our New York resources page.
Call us at (888) 657-1460 to schedule your free consultation and find out what course of action our New York car accident lawyers recommend for you.
