This guide can help you understand New York’s driving and insurance laws, show you resources, and walk you through the aftermath of a car crash. No one plans on getting hurt, but it’s better to be prepared than to be left without any idea what to do.
Your Rights as an Out-of-State Driver
It can be confusing when you’re driving somewhere new. Even if you’re a New Yorker heading to NYC, you could be anxious if it’s not somewhere you’re accustomed to driving. For out-of-state drivers, there are some key points to understand in case you are in an accident.
- Your Insurance Should Work in NY: Almost all insurance policies in the US will cover you in other states. If you’ve moved to a new state, you should update your coverage and registration, but your current policy will cover you if you’re traveling out of state.
- You Can Sue for Damages: While your insurance should cover your injuries, you may be able to sue for anything beyond your policy’s coverage. Understanding where you can sue is key: you’ll probably need to file in the state the accident happened or the at-fault driver’s home state. If you’re hit by a New Yorker, file in New York. It gets complicated with multiple at-fault drivers, but an attorney can help.
- You Can Work On Your Case Remotely: If you’re worried about filing a claim for an accident that happened while you were traveling, understand that you aren’t required to physically appear in court for everything. Once you hire a personal injury lawyer, they can be your stand-in. You may have to make a few appearances, but your attorney should be able to represent you.
- You Can Hire a New York Attorney: When filing a third-party claim to cover damages that exceed your policy’s coverage, you can hire any attorney you’d like. However, your best chance of success is finding one who knows the laws in the state you’re filing and can legally practice there.
New York Laws to Consider
Each state has its own unique traffic laws. While many are standard no matter where you are, some state laws can impact who is deemed responsible for a car accident and to what degree they are liable should you file an insurance claim.
NY is a No-Fault Insurance State
No-Fault insurance was implemented in the 1970s so insurance companies would pay for injuries caused by a crash no matter who caused it. The policy was designed to expedite claims while keeping other crash-related costs down.
Basically, under no-fault insurance in New York, your “economic losses” are covered up to $50,000. That includes medical expenses and lost wages. It does not cover non-economic damages like pain and suffering. You can file a claim to cover those losses.
If your state doesn’t use no-fault insurance, don’t worry. You should be able to file a no-fault claim as a NY resident. Use Form NF-2 to apply for a no-fault claim within 30 days of the accident.
New York Car Accidents Have a Statute of Limitations
Like most states, New York has a personal injury statute of limitations, which is essentially a deadline for legal action. You have two years after the accident to file a claim. You only have 30 days to file a claim for no-fault coverage.
Recoverable Losses after a NY Crash
Under no-fault insurance, you can recover medical expenses and lost wages. That means doctors’ visits, appointments with specialists, prescription medication costs, and travel expenses for treatments. You’ll also receive up to $2,000 for lost wages if your injuries disrupt your ability to work.
With a third-party claim, you can also sue the at-fault driver for other damages. A civil action can recover things like pain and suffering, loss of consortium, or emotional distress.
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