If you’re involved in an auto accident in New York, in addition to being aware of the state’s penalties related to DWI charges and personal injury, you should also be familiar with its auto accident laws. Below are answers to some of the most common questions about New York’s auto accident laws.

An Introduction to Auto Accident Law in New York

What is the statute of limitations for filing an accident suit?

If you’re the victim of an auto accident, you must file a claim within three years (New York’s statute of limitations), or the claim will likely be denied. However, if you seek wrongful death damages for a fatality, such as one caused by a DWI, you must file within two years of the crash.

What is comparative negligence?

New York is a comparative negligence state, which means you can only prevail in a suit if the other driver bears a degree of responsibility for the accident. The court will evaluate the comparative negligence of each party and assign damages according to each party's culpability. For instance, if you've suffered $10,000 in damages, but the court deems you 30% at fault for the accident, you will only be awarded $7,000.

What is New York's “no-fault” rule?

In many states, the insurance company of the at-fault driver pays for damages suffered by the other motorist. However, in New York and a few other "no-fault" states, drivers first file a claim with their own insurer regardless of who was at fault. However, for some injuries, such as disfigurement, broken bones, loss of an organ, and substantive disability, you may file for recompense from the other driver's insurance company.

Are there limits on damages?

Some states have statutes that limit the amount of money someone can win in a lawsuit. In New York, the state’s statute of limitations, comparative negligence laws, and no-fault laws serve as the primary limits on the damages that can be received.

If you've been involved in an auto accident involving injury or a DWI, contact Monteleon Law Group in White Plains, NY. They've served Westchester County since 2016 and have built a reputation for exceptional client care and legal skills. In addition to personal injury cases, they also specialize in elder law, divorce, and estate planning. Visit their website to reach out to them online or call (914) 840-2529 to arrange a consultation.