It’s not a good idea to discuss your car accident directly with at-fault drivers' insurance companies. Unfortunately, these providers are notorious for lowballing victims. Instead, meet with a New York City car accident attorney, who can deal with these insurance companies on your behalf. 

Not only will this approach improve your likelihood of securing a desirable outcome, but it will also save you a lot of time and stress.

It is extremely important that you do not sign any documents or give a recorded statement without first speaking with an attorney.

Victims of negligence-based car accidents can collect many types of damages. When obtained through the personal injury process, these typically fall into one of two main categories: compensatory or punitive. 

Common examples of compensatory damages include: 

• Medical. From hospital bills to rehabilitation, New York City car accident victims may struggle under the burden of spiraling medical expenses. Hence, the need for compensation that covers the cost of treatment. A portion of the medical treatment bills may be paid by No-Fault insurance but often there is a 50,000 dollar cap. Anything over the No-Fault and additional coverages for OBEL and APIP are recoverable from the defendants. 
• Lost wages. Car accident injuries can often be severe enough to make it difficult for victims to return to work. To account for this significant financial distress, car accident damages might include coverage for lost wages. This could encompass not only earnings lost in the immediate aftermath of the accident but also those that would otherwise be expected in the future. 
• Pain and suffering. Sometimes referred to as non-economic damages, pain and suffering compensation accounts for the emotional component of recovery.

In certain cases involving drunk driving, malicious intent, or gross recklessness, punitive damages may also be recoverable. These aim to deliver greater accountability and to punish a defendant for their behavior.

The State of New York mandates a separate form of insurance that comes into play when uninsured drivers are involved in motor vehicle accidents. This coverage also applies to hit-and-run crashes.

Mandatory requirements for this particular form of insurance only cover bodily injuries, and not damage to the vehicle or other property. However, passengers harmed in car accidents will likely be covered, as will those who unknowingly ride alongside uninsured drivers. 

Registered motor vehicles in New York should cover, at a minimum:

• Up to $10,000 per accident to account for property damage. 
• Up to $25,000 for bodily injuries sustained by any one individual involved in the accident, if these injuries do not result in death.
• Up to $50,000 for bodily injuries that result in the death of any one person involved in the crash.
• Up to a combined $50,000 for bodily injuries suffered by two or more people, as long as these do not lead to either victim's death.
• Up to a combined $100,00  if two or more people die as a result of the accident.

In New York, insured drivers and passengers are reimbursed by the insurance carrier for the vehicle they were in at the time of the accident regardless of who was actually at fault for a given accident. This type of coverage that covers first-party benefits is known as No-Fault in New York and Personal Injury Protection (PIP) in other states like New Jersey. No-Fault benefits cover a portion of the car collision-related medical bills, household help, transportation to medical appointments, and lost wages.

The goal of this initiative is to restore the general health and productivity of those injured in car accidents as quickly as possible. As such, only claimants with serious injuries can file car accident lawsuits in New York. 

No-Fault mandates that a threshold level of injuries be sustained as a result of the car accident in order to sustain a third-party lawsuit against the culpable motor vehicle owner and operator. Lawsuits can only be brought for motor vehicle accidents if the ensuing injury meets a statutory standard of serious injury. 

Serious injuries are defined as follows in Article 51 of the New York Consolidated Laws section on Insurance Law:

• Death
• Dismemberment
• Loss of a fetus
• Fracture
• Significant disfigurement
• Permanent loss of use of a body organ, member, function, or system
• A significant limitation of the use of a bodily function or system 
• Permanent consequential limitation of use of a body organ or member

In addition to these impairments, Article 51 explains that the following situation qualifies as serious: a non-permanent injury that prevents the victim from resuming "usual and customary" activities for at least 90 of the 180 days immediately following the accident. 

Knowing how to identify and deal with the insurance carrier, getting all of the required proof, and knowing how to present it is an essential part of successfully resolving a claim for personal injuries arising from a car accident. This is why it’s important to work with a skilled New York car accident lawyer who can provide thorough documentation of your injuries and argue your case on your behalf. 

While most drivers can obtain No-Fault damages even if they played a role in the crash or their injuries seem minor, a few exceptions exist:

• The injured driver was under the influence of alcohol or illicit drugs when the crash took place
• Car accident injuries were intentionally caused by the 'victim' in an attempt to commit insurance fraud
• The injury occurred while the driver was committing a felony
• The injury took place in a stolen vehicle
• The owner of the vehicle in which the accident occurred was uninsured at the time of the crash
• The vehicle is an unregistered for-hire vehicle
• The injury occurs on the job and therefore Worker’s Compensation is primary

New York is one of just a few states to operate under a comparative fault approach to personal injury claims. This terminology can sometimes be confusing, as New York is also a No-fault state in regard to insurance. 

Comparative fault, also known as shared fault, is a claimant-friendly rule that ensures that the plaintiff receives damages, even when he or she is presumed at least partially at fault. Whether the Defendant driver is 100% or 10% responsible the driver must pay his proportional share of the fault.

Pure comparative fault should not be confused with its modified counterpart, which is used in many other states. Under a system of modified comparative fault, the claimant is ineligible for damages if deemed over 50 percent to blame for the car accident. 

Conversely, pure comparative fault may allow the person primarily responsible for the crash to still collect some damages. These will be offset by the far greater damages awarded to the person deemed at fault to a lesser degree.

An application for No-Fault benefits must be filed within 30  days. In accidents where the defendant is a municipality, a Notice of Claim must be served within 90 days, and a lawsuit commenced within one year and 90 days. For most other car accidents that take place in New York, the claimant is allowed to initiate a lawsuit within three years of the crash's date. This is called the statute of limitations.

Section 214 of the New York Civil Practice Laws & Rules clarifies that a three-year statute of limitations applies to anybody (including drivers, passengers, bicyclists, and pedestrians) injured in a car accident. This echoes the general statute of limitations for personal injury in New York.

Similarly, the 3-year statute of limitations also applies to collecting compensation for damages sustained by the car or other property as a result of the collision. 

The one exception to New York's three-year car accident statute of limitations is in cases involving wrongful death. In New York, wrongful death cases must be filed within just two years of the date on which the deceased individual passed away. Keep in mind that this date may differ from the date of the accident that led to the person's death. 

As stated above No-Fault claim must be filed within a mere 30 days of the accident. Known as the Application for Motor Vehicle No-Fault Benefits, this must be promptly submitted to the No-Fault insurance carrier. Failure to meet this deadline could jeopardize your ability to secure compensation for medical treatment, household help, transportation costs to medical appointments, and lost wages.

The likelihood of a car accident case going to trial largely depends on whether the resulting injuries are deemed serious enough to meet the statutory serious injury threshold. Cases involving mild or moderate injuries are often resolved, but frequently that is up to how reasonable the defendant or its insurance company is.  

Even if injuries stemming from a car accident are serious enough to meet the statutory serious injury threshold requirement, there's no guarantee that these cases will go to trial. In many situations, such cases are resolved or settled but the case must be prepared for trial in order to maximize its value. Many cases settle on the eve of trial. 

This is why it's important to work with a trial-ready attorney, as litigation always remains a possibility. Courtroom appearances are most likely when there is disagreement as to who was at fault for the accident, the extent of the fault, and whether there is enough proof to sustain the burden of establishing a serious injury under the statutory threshold. 

An experienced  New York City car accident lawyer can assist with numerous components of your case. The attorneys will file the no-fault application, determine the owners of the vehicles, ascertain the insurance coverage for all the vehicles involved and make all the timely filings, file suit, attend all court appearances, meet with the client to prepare for depositions and medical appointments required by the defendant,  as well as take the case to trial. Without an assertive lawyer on your side, you could easily be bullied by insurance companies into accepting compensation that is unacceptably low. 

To help argue your case, your lawyer will gather extensive evidence that might otherwise be difficult for you to obtain on your own. This could include police reports, video footage, witness statements, or medical records. All these must be analyzed thoroughly to clarify fault and causation. 

In the midst of all this, your experienced car accident lawyer should be cognizant of all relevant filing deadlines. If you are injured in a car accident you must have competent representation by a firm that handles all aspects of the case from beginning through trial and possibly appeal. It's imperative that you work with a proactive car accident lawyer who continually demonstrates attention to detail.