Auto Accident Settlements in New York

The aftermath of an auto accident in New York can be filled with confusion and uncertainty. Most of these concerns pertain to the possibility of securing compensation to cover things like medical expenses, lost wages and income, and the cost to repair or replace your damaged vehicle. In this blog post, we discuss auto accident settlements in New York, and how an experienced personal injury attorney for auto accident cases can ensure your rights are protected, and your recovery is maximized.

What Is The Average Settlement for a Motor Vehicle Accident in New York?

When it comes to motor vehicle settlements in New York, one of the first questions many victims have is, "What kind of settlement can I expect?" While each case is unique, understanding the average settlement amounts can provide a helpful benchmark.

In New York, the average settlement for a motor vehicle accident hovers around $287,000. This figure is well above the national average of $34,550 owing to the state’s no-fault insurance system, which limits the number of lawsuits in smaller cases. It is important to note, however, that this average still includes a wide range of settlements, from relatively minor auto accidents to those resulting in significant, life-altering injuries.

The key to ensuring you receive a fair settlement is having a knowledgeable and experienced personal injury attorney for auto accident cases who understands the nuances of New York's auto accident laws and how they apply to your specific situation.

What Is The Settlement Process in New York?

In New York, the settlement process after a car accident typically involves several key steps:

Investigation and Documentation: Gathering all necessary evidence, including the police report, medical records, and witness statements.
Filing a Claim: Initiating a claim with the relevant insurance companies.
Negotiation: Your attorney will negotiate with the insurance companies on your behalf. This step may involve several rounds of negotiation to reach a fair settlement.
Settlement or Litigation: If a satisfactory settlement is reached, the process concludes. If not, your case may go to court.

The length of this process can vary significantly based on the complexity of the case, the clarity of fault, and the willingness of the insurance companies to negotiate. Having a skilled personal injury attorney for auto accident cases by your side can not only streamline this process but also significantly improve your chances of securing a favorable settlement.

How Long Does It Take to Settle an Auto Accident Claim?

The timeline for settling an auto accident claim in New York varies greatly from case to case. Some of the factors that can influence how long it takes a case to settle include:

The severity of the injuries
The clarity of liability
The amount of damages sought; and
The insurance companies involved

While some cases may settle within a few months, more complex cases, especially those involving severe injuries or disputed liability, can take years to reach a resolution.

It is crucial to understand that while a quick settlement might seem appealing, it often will not reflect the full extent of your damages and future needs. Rushing into a settlement without a thorough understanding of your current and future medical needs, as well as the impact on your earning capacity, can result in compensation that falls short of what is truly needed.

Who Is Liable for an Auto Accident in New York?

New York's unique no-fault insurance system plays a significant role in determining liability and compensation following an auto accident. Under this system, regardless of who caused the accident, your own insurance company is responsible for covering basic expenses such as medical bills and lost earnings, up to the limit of your policy.

However, for damages not covered under this policy, such as significant bodily injuries or pain and suffering, determining liability becomes crucial. In these situations, fault is assessed based on the available evidence, such as:

The police report
Witness statements; and
Any relevant laws that were violated at the time of the accident.

This is where having a skilled personal injury attorney in New York becomes invaluable in gathering the necessary evidence and ensuring that those truly at fault are held accountable, and that you receive the comprehensive compensation you deserve.

Who Pays for Damages in a No-Fault Insurance Case?

Under New York’s no-fault insurance framework, your own insurance company is the primary source for covering damages related to medical expenses and lost wages, regardless of who is at fault for an auto accident. However, it is important to note that no-fault insurance has its limits and does not cover non-economic damages like pain and suffering, nor does it cover property damage to your vehicle.

For damages beyond the scope of no-fault coverage, such as significant physical injuries or property damage, pursuing a claim against the at-fault driver’s insurance may be necessary. This is where the process can become complex, involving negotiations with another insurance company and potentially, legal action to secure the compensation you are entitled to.

The Statute of Limitations for Bringing an Auto Accident Case

New York Civil Practice Laws & Rules Section 214 stipulates a specific window of time within which you must file a lawsuit for damages sustained in a car accident. This timeframe is known as the statute of limitations.

For most personal injury cases in New York, including auto accidents, you have three years from the date of the accident to initiate legal action. Failing to file within this period typically results in the loss of your right to sue.

The statute of limitations serves several purposes, including ensuring that evidence remains fresh and that claims are resolved within a reasonable timeframe. However, there are exceptions to this rule that can either extend or shorten the filing deadline, stressing the importance of consulting with a personal injury attorney for auto accident cases as soon as possible after an accident.

Types of Auto Accidents

Auto accidents can vary widely, but they typically fall into a few common categories:

Side Impact: Often occurring at intersections, these accidents can result in significant injuries due to the limited protection provided by the side of a vehicle.
Rear Impact: Commonly caused by tailgating or sudden stops, rear-end collisions are among the most frequent types of auto accidents.
Side Swipe: These occur when two vehicles traveling parallel make side contact, often due to improper lane changes.

Each type of accident has its own complexities and challenges when it comes to proving liability and securing compensation. A seasoned personal injury attorney for auto accident cases will have experience handling all types of auto accident claims and will be able to leverage that experience to advocate effectively on your behalf, regardless of the circumstances involved.

How Much Can I Expect to Receive?

Determining the amount of compensation you can expect in an auto accident settlement in New York hinges on various factors, such as:

Medical Expenses: This includes all medical treatments related to the accident — from emergency services and hospitalization to rehabilitation and any ongoing care.
Lost Wages: Compensation can cover wages lost due to the accident, including time taken off for medical appointments and recovery.
Future Medical Care: If your injuries require long-term treatment or lead to permanent disability, you may be eligible for compensation to cover these future medical expenses.
Lost Earning Capacity: If the accident impacts your ability to earn money in the future, compensation may include the difference between your earning capacity before and after the accident.
Pain and Suffering: This non-economic damage compensates for the physical pain and emotional distress suffered as a result of the accident.

The specific details of your case can significantly affect the final settlement amount. For example, severe injuries with clear liability tend to result in higher compensation. Conversely, if there is a dispute over liability, or if your injuries are less severe, the settlement amount might be lower.