Understanding Plaintiffs’ Rights in New York Car Accident Cases

New York operates under a no-fault insurance system, meaning that after a car accident, your own insurance typically covers medical expenses and lost wages regardless of fault. However, to pursue compensation for pain and suffering, you must meet the ‘serious injury’ threshold, which includes fractures, significant disfigurement, permanent loss of use of a body part, or disability lasting at least 90 days.

Plaintiffs also benefit from New York’s pure comparative negligence rule. Even if you are partially at fault, you can still recover damages proportionate to the other party’s fault. For example, if you are 30% responsible, you can still recover 70% of your damages.

Key Steps for Plaintiffs:

• Seek immediate medical attention and document injuries.
• File a claim with your insurer under Personal Injury Protection (PIP).
• Consult an attorney if injuries meet the serious injury threshold.