Can You Be Sued For a No Fault Accident?

Sue for no-fault accidents?

As a motorist in Manhattan, you face busy, often narrow streets that make navigating this New York City borough difficult. According to World Population Review, 1.63 million people live in this area of roughly 23 square miles, which makes it one of the most densely populated places in the state.

You may have concerns about how your car insurance might protect you in case of an accident and how no-fault insurance laws affect any claims made against you. Our attorneys at Cellino Law stand ready to assist you with a car accident lawyer, along with some helpful information regarding your rights when a Manhattan auto accident occurs.

What Are New York’s No-Fault Insurance Laws? 

New York is a no-fault state when it comes to car accident injuries, which means each motorist carries insurance that pays for any injuries, lost wages and medical needs that surface after an accident. Personal Injury Protection, or PIP, is mandatory for all New York drivers. While you may carry the minimum $50,000 required, buying additional PIP may cover more serious injuries.

PIP covers the cost of your medical treatment, along with some other costs that arise after an accident, including:

  • Transportation to and from medical facilities 
  • Diagnostic testing
  • Funds to assist with household duties

While PIP insurance assists drivers injured in a Manhattan car accident, their medical costs and other losses may eclipse what this type of insurance offers. When this happens, an injured individual may turn to litigation and want to file an additional injury claim against you. Speaking to a car injury attorney at our office can help you to better understand your rights and how to proceed if another driver wants to file a lawsuit against you.

Can an Injured Driver Sue You Despite No-Fault Laws? 

Generally, no-fault laws and PIP exist so those injured in a car wreck need not enter litigation to recoup their losses. PIP covers their medical bills, no matter who was at fault for the accident. However, some instances and circumstances may call for further compensation.

If you experience a car wreck in Manhattan, the other motorist or motorists involved may file an additional lawsuit under a variety of conditions, including:

  • The death of an unborn child 
  • Serious damage to a bodily organ or function 
  • Bone fractures or disfigurements 
  • An injury that results in permanent disability

A car crash lawyer from our pool of attorneys can guide you in building a defense case when another motorist opens an injury lawsuit.

How Can a Car Accident Lawyer Assist You as the Defendant in a Lawsuit? 

Once a car crash lawsuit names you as a defendant, speaking to an attorney at our office provides you with several benefits. Thanks to our attorneys’ experience and knowledge, you can gain peace of mind that your case is handled professionally.

Determining Driver-Created Factors

Car accidents happen for a variety of reasons, including weather that causes poor driving conditions. However, the actions of drivers are usually responsible. Driver distraction can cause a serious accident, such as:

  • Talking or texting 
  • Arguing/talking with passengers 
  • Adjusting the car’s interior controls 
  • Eating or drinking 

A car crash lawyer can gather proof of driver error or neglect and raise the negligence scale of the other driver. This drives down the amount of any award.

Gathering Evidence 

Evidence is often the foundation of a car crash injury lawsuit. Just as the plaintiff must meet the burden of proof, as the defendant, you must present evidence that substantiates any claims you make in court. Our attorneys can gather evidence from a variety of sources, including police reports and photographs of the accident scene.

Allowing us to gather evidence on your behalf can also provide you with the peace of mind anyone needs to recover from a serious car crash. As we build your case, you can focus on healing instead of worrying about mobility or pain problems

Speaking To Eyewitnesses 

Individuals who witnessed your Manhattan car wreck can supply our attorneys with the data they need to build a strong case. While police reports can support evidence, eyewitness accounts may provide additional information that only those who saw it happen can give.

Reviewing Damage Values 

Our attorneys can verify and review a plaintiff’s injuries and losses to determine whether they match the value of that person’s injuries. This protects you from inflated case values.

Familiarity With New York State Laws 

A variety of laws and statutes that exist in New York State can have a significant effect on your case. These include the statute of limitations to file a personal injury car crash lawsuit, which is limited to three years.

Our attorneys use their extensive knowledge of state laws to support your defense, including its unusual codes regarding negligence.

How Does Comparative Negligence Affect Your Case? 

Different types of negligence claims may arise for you as a defendant in a car accident lawsuit. Punitive damages connect to gross negligence or lack of care. Comparative, pure and modified negligence all work on a scale of responsibility. New York State operates on the law of pure negligence.

A plaintiff may collect damages under the pure negligence law, no matter how much at fault he or she was for the accident. If the court awards damages, the value of that award falls with the percentage of negligence perceived.

For example, if a court awards $50,000 to an injured party in a Manhattan car crash but finds that person 50% responsible for the crash, the amount of compensation falls to $25,000. In other states, threshold laws forbid any compensation above the 50% mark.

How Can You Protect Your Privacy During Litigation?

While a car injury attorney from our office does everything possible to investigate your car crash and build a solid defense case, protecting your privacy during the litigation stage can protect its foundation.

Avoid Sharing Case Details 

As a defendant, you have a duty of care to yourself and your case by keeping valuable details to yourself. Even sharing details with those you trust might jeopardize the case, as information is bound to leak eventually. Only sharing information with your car accident lawyer keeps it safe.

Take a Social Media Hiatus

Thanks to today’s wireless technology, anyone can share thoughts, views and opinions on social media sites like X and Facebook. The ability to do so live means anyone can save and spread your posts as you make them.

Taking a break from social media during litigation keeps gossip and misinformation from spreading to the point where it affects your case. If you need to address any issues with a witness or family member of the person suing you, allow your attorney to represent you.

Keep Records Secure 

As our attorneys build your case, keeping documents, medical records and photos out of the wrong hands prevents information leakage. Keep case information in a safe or lockbox.

Contact Us for Assistance With a No-Fault Lawsuit

New York State’s no-fault laws and mandatory PIP coverage exist so that those injured in car crashes can cover the costs of their injuries. However, you may still find yourself in a lawsuit when injury costs eclipse PIP. Contact us today at Cellino Law to speak to a car accident lawyer who can set your mind at ease.

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  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!

    Maria

  • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!

    Jayne

  • Joe and I just wanted to send you this note thanking you for the professional way you handled our lawsuit. Your kindness was extremely appreciated in a very difficult time. When we found out the people that caused the accident had no insurance, we thought our chances of receiving any settlement was nonexistent. Once we met with you and released you were able to help us our minds were put at ease. Your aggressive manner of handling the case exceeded our expectations. Please feel free to use us as a reference. Thank you so much and best wishes,

    Danielle and Joe

  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support

    Lisa

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    Dave

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola