Can You Sue Personally After an Accident?

If you are hurt in an accident, you might not exactly understand your options for filing a lawsuit. You might have heard that New York is a no-fault state, but aren’t quite sure what that means when it comes to a legal claim. Is it possible to sue the other driver for your losses?

If you have what is considered a “serious injury,” then you can personally sue the at-fault driver once your losses exceed your no-fault insurance coverage. These lawsuits are typically defended by the other driver’s insurance company. Our Long Island car accident attorneys can help you navigate the process and help you get top dollar for your losses after a car accident.

At The Odierno Law Firm Accident and Injury Lawyers, we work hard to help our clients get maximum compensation for their injuries. We explore every possible option for compensation so that you get the money that you deserve for your losses. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island personal injury lawyer, reach out to our law offices.

New York’s No-Fault System

When it comes to car accidents, New York has what is known as a no-fault system. Also referred to as personal injury protection (PIP), this system is set up to make sure that people injured in car accidents can have their immediate needs covered, regardless of fault. 

Every New York driver is required to carry PIP insurance. With basic no-fault coverage, your own car insurance policy will pay for your economic losses (up to $50,000 per person) after an accident. PIP will pay for reasonable and necessary medical and rehabilitation expenses, 80% of lost earnings from work (up to a maximum of $2,000 per month), and up to $25 per day for other reasonable and necessary expenses.

The goal is no fault insurance is to allow people to get their losses covered quickly without having to go through litigation. Instead of filing a claim with the at-fault driver’s insurance company and moving forward to litigation, your own insurance company will pay for your losses. This can be a huge relief when you are dealing with things like medical bills and lost wages in the weeks after a motor vehicle accident.

However, no-fault coverage is fairly limited. You can only recover for a very limited category of losses – and not things like property damage, pain and suffering, or emotional distress. It is also capped at the amount of your no-fault coverage. As anyone who has ever seen a doctor’s office or hospital bill knows, $50,000 doesn’t go very far when you have a more serious injury.

In this situation, you may find yourself wondering whether you can sue someone personally for your injuries. Our Long Island personal injury lawyers can help you understand your rights when it comes to filing a lawsuit after a car accident. If you decide to pursue a lawsuit, we will fight for your right to full compensation.

When Is It Possible to Sue Someone Personally After an Accident?

Under New York Insurance Law, it is possible to sue somebody personally if you have suffered a serious injury. A serious injury is one that results in:

• Death;
• Dismemberment;
• Significant disfigurement;
• A fracture;
• Loss of a fetus;
• Permanent loss of use of a body organ, member, function, or system;
• Permanent consequential limitation of use of a body organ or member;
• Significant limitation of use of a body function or system; or 
• A medically-determined injury or impairment of a non-permanent nature which prevents you from performing substantially all of your usual and customary daily activities for at least 90 of the 180 days following the accident.

Your medical damages (losses) must also exceed $50,000 and your property damages must exceed $10,000 to file a lawsuit.

Pursuing legal action for a car accident means that you will typically have to prove fault. In personal injury cases, fault is usually based on a theory of negligence or carelessness. A person may be negligent if they fail to use the level of care that a reasonable person would use in a similar situation, such as by speeding or running a red light.

In some cases, negligence can be presumed if the at-fault driver (defendant) violated a law in causing the accident. For example, if the defendant was texting and driving and caused a distracted driving accident, then they are presumed negligent under the doctrine of negligence per se. This can make it easier to win a lawsuit if you are suing someone personally for your car accident.

You can also pursue a legal claim against a person whose intentional or reckless behavior caused the car accident. For example, if someone crashed into your car because they were driving under the influence, then you can still file a lawsuit against them. This civil case will be separate from any criminal charges that may be brought.

Through a personal injury lawsuit, you can recover far more money for your injuries than you can through basic no-fault insurance. This may include money for:

• Economic damages such as property damages, reduced earning capacity, lost wages, and medical bills (that exceed the no-fault limits);
• Non-economic damages such as pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement; and
• Punitive damages in cases involving intentional or reckless conduct.

The potential compensation to be recovered in a car accident lawsuit is significantly higher than what you may recover through no-fault insurance. Our Long Island car accident attorneys will work with you to help you get top dollar for your losses. We won’t simply accept a lowball settlement amount but will fight to get you the money that you deserve for your injuries.

Almost all personal injury cases – including car accident claims – are brought against the at-fault driver and their insurance company. In New York, drivers are required by law to carry car insurance. In most cases, the insurance company will then step in to defend its policyholder in a car accident lawsuit. There may be some limited exceptions for situations where the defendant violated their insurance policy terms, but typically the insurance company will be defending the claim and paying any settlement or verdict at trial.

If the at-fault driver doesn’t have insurance or doesn’t have enough insurance to cover your losses, you could file a claim against your own insurance policy. Uninsured/underinsured motorist coverage is designed for situations just like this: where you are hurt in an accident that was caused by an uninsured driver. This type of coverage can be crucial to help you get the money that you need after an accident.

You could also potentially bring a claim directly against the responsible driver. Keep in mind that when people either don’t have car insurance or have minimal car insurance, it is often because they can’t afford car insurance (or more car insurance). In the legal world, they are often referred to as “judgment proof” because even if you won a lawsuit against them, you wouldn’t be able to collect the money since they simply do not have it.

In this situation, a skilled Long Island car accident attorney will thoroughly analyze every aspect of your case to determine potential avenues for compensation. For example, if your accident was caused by a poorly maintained road, you might be able to bring a claim against the government agency responsible for maintaining it. Our law firm will work with you to help you get maximum compensation for your injuries.

Help for New York Accident Victims

It can be hard to know what your rights are after you are hurt in a car accident. You are likely dealing with a lot of pain, plus the logistics of doctor’s appointments and getting your car fixed. Our law firm can help you get the compensation that you deserve after a motor vehicle accident.

Based in Melville, New York, The Odierno Law Firm Accident and Injury Lawyers advocates for accident victims throughout Long Island. We offer free consultations to all prospective clients and never charge a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island car accident lawyer, call our law offices today at 631-973-6221 or fill out our online contact form.

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