MOTOR VEHICLE ACCIDENTS

New York is one of the busiest cities in the world.  It seems almost impossible at times to keep up with the number of vehicles on the streets, roadways, and highways. Over the years, many changes have been made in effort to make things safer for drivers and pedestrians alike.  Recently the NYC DOT announced that so far 2025 has seen a steady decline in the number of traffic deaths and reduced number of auto accidents.  Despite these findings, it is important to remember that there is still a high risk for injury if you are in an automobile. Therefore, you must remain focused, alert, and aware of your surroundings at all times.

COMMON MOTOR VEHICLE ACCIDENTS:
  • Aggressive driving or road rage;
  • Intoxication and impairment;
  • Cell phone use for texting or calls;
  • Speeding;
  • Failing to observe traffic signs;
  • Failing to yield the right of way for other vehicles or pedestrians;
  • Falling asleep at the wheel;
  • Following vehicles too closely;
  • Passing cars improperly;
  • Making improper turns;
  • Changing lanes improperly;
  • Being an inexperienced driver, and more.
WHAT IS THE "NO-FAULT" LAW IN NEW YORK?:

New York State follows what is known as the “no-fault insurance” or “personal injury protection insurance” (PIP), laws and regulations. Regardless of who was at fault for the accident, you may be entitled to receive paid medical benefits. It is important to remember that you have only 30 days from the date of accident to file a claim with your insurance carrier to put them on notice that you were injured. Once a claim is filed, we strongly encourage you to forward all future correspondence with your insurance carrier to your lawyer to handle the legal matter.

You will also be dealing with a separate department from your insurance carrier that handles the bodily injury portion of the claim. In order to negotiate a possible settlement there are guidelines that have been set up to meet what is known as  “threshold of injury.” These types of injuries include:

  • Death;
  • Dismemberment;
  • Significant disfigurement;
  • A fracture;
  • Loss of a fetus;
  • Permanent loss of the use of a body organ, member, function or system;
  • Permanent consequential limitation of the use of a body organ or member;
  • Significant limitation of the use of a body function or system;
  • An injury or impairment of a non-permanent nature which prevents you performing your usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty days (180) immediately following the accident.

In short, what this means is if your injuries result in meeting one of those categories listed above, the insurance carrier will most likely make you a fair and reasonable offer.  Injuries that fall outside those categories are considered less severe.  It is important no matter what your injuries are, you should seek medical attention immediately and contact your attorney to handle speaking to the insurance company.
 
For more information on New York State No-Fault Regulations, please visit the New York State official website.