Can I Still Sue if I Was Partially at Fault for a Car Accident?

Personal Injury News | July 25, 2019

New York’s no-fault insurance laws make it so that that fault is not an issue when it comes to being reimbursed after a car accident. Insurance companies are required to compensate their own clients after an accident, regardless of whether their clients were partially at fault. This includes passengers who may have been involved in the accident, too. However, there are certain conditions in which you may be eligible to receive compensation for additional damages. Talk to a Central New York Personal Injury Lawyer if you are interested in pursuing this option.

Under What Conditions Can I Sue?

No-fault insurance places limits on how much compensation you can receive from the insurance company. The only way these limits can be breached is if your situation meets certain conditions, called the tort liability threshold. Serious personal injuries and a monetary loss of over $50,000 are the two conditions that meet this threshold.

Circumstances like these place severe emotional and financial constraints on people that other losses from car accidents often do not. Many people experience lost wages, expensive medical bills, and painful injuries after a car accident, but not everyone has to deal with permanent disabilities, losses, or long-term financial problems. These are why additional compensation is warranted.

What Counts as Serious Injury?

Serious injuries are listed in the serious injury threshold under Article 51 of New York’s Insurance Law. These are considered to be at a severity level beyond what most people encounter after a car accident and are usually long-term or permanent injuries that cause hardship and pain.

Death, dismemberment, disfigurement, bone fractures, loss of a fetus, permanent limitation or loss of an organ or organ system, and injuries that impair performance for at least 90 days during the 180-day period after the accident are considered serious injuries. Many of these, like death, disfigurement, and loss of a fetus, can cause great psychological pain for those afflicted. This is considered pain and suffering, a type of damage that people can sue for in court.

The other listed injuries can limit a person’s daily routine with family or at work. Bone fractures are an injury that can take months to heal from and can make working a job that requires physical labor impossible. Some people who were once pursuing sports may not be able to play again. Permanent injuries can also lead to lifelong struggles with relationships and maintaining a steady income.

Car Accident Attorney in New York

A Binghamton Car Accidents Lawyer can help you establish evidence for your injuries if you are eligible to receive additional compensation. Some insurance companies will work with you, but others may deny your request. You should not have to settle if this happens to you. A lawyer has the training necessary to negotiate with the insurance company, but if that fails, a lawyer can also take the case to court with a lawsuit.

At Gattuso & Ciotoli we offer our clients four areas of legal practice. You can contact us at (315) 314-8000 for a free consultation today. We are located in Central New York, Syracuse, Watertown, Binghamton, Syracuse, North Syracuse, Camillus, Liverpool, Cortland, and Auburn.