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Who pays for a car accident in New York?

Getting in a car accident is overwhelming. It can feel like things are happening so fast and it’s hard to know what you’re supposed to do next. Your car is wrecked and now you have medical bills mounting. One of the biggest questions on your mind is probably, who’s paying for all of this?

First, your insurance

New York is one of the few states that adheres to “no-fault” rules when it comes to motor vehicle accidents. This means that the default is not to assign expenses based on fault, but rather for each party to first file claims with their own insurance company. There is a limited list of what you can claim with your insurance, though, including:

  • Disfigurement
  • Impairment of an organ or limb
  • Broken bones
  • Body function limitation
  • Disability for 90 days

Then, the other driver

If your accident resulted in injuries outside of the list above, damages or pain and suffering, you may need to follow New York’s “comparative negligence” rules. This can include:

  • Damage to a vehicle and repair
  • Medical expenses
  • Time and wages lost from work
  • Costs of a rental car
  • Pain and suffering
  • Wrongful death
  • Loss of companionship

To get compensation for damages like these, you will need to file a claim against the other party involved. Then, the courts will calculate what percentage of fault each party is responsible for and distribute expenses accordingly.

It can be difficult to understand how exactly you should move forward after a car accident. Do you qualify for a lawsuit against the driver who hit you? Talk with the experienced attorneys at Anderson, Moschetti & Taffany to fight for the compensation that you deserve.