VEHICLE CRASH PERSONAL INJURY FAQ


WHO WILL COVER MY MEDICAL EXPENSES?

No-fault insurance will cover your medical expenses. In New York, after you are involved in a vehicle crash, the expenses for your medical treatment are covered by no-fault insurance, regardless of whose fault the accident was.

However, no-fault will not cover your medical expenses forever. If the vehicle crash was caused by the negligence of another, you have the right to bring a personal injury action. Part of your personal injury claim will include medical expenses that you may have incurred. That includes anything that you have paid out-of-pocket, or anything that was paid by your health insurance or workers compensation that you may be responsible for. What is also important to know is that any medical expenses that you may require in the future should also be part of your claim. 

WHO WILL COVER MY LOST WAGES?

No-Fault insurance will cover a portion of your lost wages, regardless of who was at fault.  However, no-fault insurance will not cover your wages forever. If you have the right to bring a personal injury claim, part of that claim will include the income, wages, pension, and/or other benefits that you would have received had you not been injured. If your injuries render you permanently disabled, your claim will also include any economic loss you will have for the rest of your life.  

 

WHAT DEADLINES THAT I SHOULD KNOW ABOUT?

No-Fault – 30 Days

You have 30 days from the incident to file your no-fault application. If you do not file the no-fault claim in time, the no-fault insurance company will not cover your medical expenses and will not reimburse you for any lost wages.

Government or Municipality – 90 Days

If you were injured due to the negligence of a government or municipality in New York in operation of a vehicle, you must file a notice of claim within 90 days of the occurrence.  Examples include a bus, sanitation truck, Access-A-Ride, police car, fire truck, etc.

Death – 2 Years

If a family member or loved one dies as a result of vehicle crash, you have two years from the incident to file a wrongful death claim.  EPTL §5-4.1.

Personal Injury – 3 Years

You have 3 years to from the date of your incident to file a personal injury lawsuit in New York.  CPLR §214.  

If you don’t bring your claims within the deadlines that apply to your case, you risk losing your claims forever – no matter how injured you are.

CAN I BRING A CASE IF I WAS PARTIALLY AT FAULT?

Even if you think you may be partially at fault for the incident, you still have the legal right to bring a personal injury claim in New York if someone else negligently caused you harm. CPLR §1411.

CAN I SUE THE DRIVER OF THE VEHICLE I WAS IN?

Yes, you can sue the driver of the vehicle you were riding in if you were in a car accident. The driver has a legal responsibility to act reasonably behind the wheel. If the driver breaches that duty and you get hurt, you have the right to bring a personal injury action against the driver.

WHAT SHOULD I DO IF AN INSURANCE COMPANY CONTACTS ME AFTER MY ACCIDENT?

If an insurance company or any representatives from the insurance company contact you after your accident, you should not speak to them. Sometimes, they may use what you say against you to limit your legal rights. In order to avoid that, it's important to immediately contact your attorney. If you don't have an attorney, you should contact one right away.

THE INSURANCE COMPANY HAS OFFERED ME A CHECK RIGHT AWAY – SHOULD I ACCEPT IT?

If the insurance company offers you a check right away, you should not accept that check, and if they do send you the check by mail, you shouldn't cash it without talking to an experienced personal injury lawyer first. It is important to do that to make sure that your rights are protected because if you cash the check or you accept it, you may be waiving certain rights.

CAN I FILE A CLAIM IF A FAMILY MEMBER DIED AS A RESULT OF VEHICLE CRASH?

Yes, if the vehicle crash was caused by someone else’s negligence, and they passed away as a result, their estate has the right to file a civil personal injury lawsuit. That lawsuit would be on behalf of the estate and would include any pain and suffering the decedent experienced from the time of the negligence to the time they passed away, and any economic losses suffered by certain members of the family.

WHAT SHOULD I KNOW IF MY CHILD WAS IN A VEHICLE CRASH?

If your child was involved in a vehicle crash caused in part due to the negligence of another, you as the parent are entitled to bring a personal injury action on behalf of the child. The other thing that you should know is that the time limits that apply to regular cases may not apply to an incident that involves a child, and the time limits may be longer than you may expect.

I WAS A PEDISTRIAN OR BICYCLIST INVOLVED IN A CAR CRASH – WHAT WERE THE LEGAL OBLIGATION OF THE DRIVER?

Anyone driving a car, bus, or truck in New York must follow all the obligations of the New York State Vehicle and Traffic Law. If they fail to follow any of the specific sections of the law, and you get hurt as a result of that violation, you can bring a personal injury action against the driver. 

In addition to the specific provisions of New York Law, anyone driving a vehicle is under the following general obligations:

Pedestrian Walking Along the Roadway

Drivers are under a duty to keep a reasonably careful lookout for pedestrians, to sound the vehicle’s horn when a reasonably prudent person would do so in order to warn the pedestrian of danger, and to drive their vehicles with reasonable care to avoid hitting anyone on the road. PJI 2:76.

Bicyclist Along the Roadway

Drivers of other vehicles are required to keep a reasonably vigilant lookout for bicyclists, to sound the vehicle’s horn when a reasonably prudent person would do so in order to warn a bicyclist of danger, and to operate their vehicles with reasonable care to avoid colliding with anyone on the road. PJI 2:76A.

CONTACT US

Our personal injury lawyers have the expertise to evaluate your case and advise you of your legal rights.  If you have been injured as a result of a vehicle crash, you should focus on your recovery and let experienced lawyers focus on your case. 

Please contact us for a no cost, no obligation consultation.  Let us advise you of your legal rights.

About Faruqi & Faruqi, LLP

Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.

Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.

To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.

About Reza Rezvani

Reza Rezvani is a Partner in the firm's New York office in personal injury law litigation. He has over 18 years of experience litigating construction accidents and labor law, premises liability, serious motor vehicle accidents, and civil rights cases. He has successfully handled hundreds of cases and conducted over 50 jury trials, earning a reputation as a highly skilled trial attorney.

Tags: personal injury, vehicle crash, Reza Rezvani, New York Personal Injury Lawyer, Faruqi & Faruqi, lawsuit, New York vehicle crash personal injury faq Reza Rezvani Reza Rezvani
Partner at Faruqi & Faruqi, LLP

New York office
Tel: (212) 983-9330
Fax: (212) 983-9331
E-mail: rrezvani@faruqilaw.com
Social: LinkedIn

Finding us

Our Offices


Our offices are nationwide. If you have any questions about a case or our firm, please contact us.

New York

685 Third Avenue 26th Floor
New York, New York 10017
(212) 983-9330
(877) 247-4292
(212) 983-9331

California

10866 Wilshire Boulevard Suite 1470
Los Angeles, California 90024
(424) 256-2884
(424) 256-2885

Georgia

3975 Roswell Rd Suite A
Atlanta, Georgia 30342
(404) 847-0617
(404) 506-9534

Pennsylvania

1617 JFK Boulevard, Suite 1550
Philadelphia, Pennsylvania 19103
(215) 277-5770
(215) 277-5771

Faruqi & Faruqi office in New York, New York

Faruqi & Faruqi office in Los Angeles, California

Faruqi & Faruqi office in Atlanta, Georgia

Faruqi & Faruqi office in Philadelphia, Pennsylvania