CarAccident Injuries

Limitations of No-Fault Coverage

PIP does not cover:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent injuries beyond basic medical expenses
• Full wage loss beyond policy limits
• Property damage to vehicles

Time limits: You must file a no-fault claim within 30 days of the accident. Missing this deadline may result in denial of benefits.

Forms required: Insurance companies require specific forms including NF-2 (notice of claim), medical reports, and wage verification. Failure to provide timely documentation can result in denied claims.

The Serious Injury Threshold

To pursue a personal injury lawsuit against the at-fault driver for full compensation including pain and suffering, your injuries must meet New York's "serious injury" threshold under Insurance Law § 5102(d).

What Qualifies as a Serious Injury

An injury is considered "serious" if it results in:

Death: Wrongful death claims may be brought by surviving family members or estate representatives.

Dismemberment: Loss of a limb or body part.

Significant disfigurement: Permanent scarring or disfigurement affecting appearance (typically visible on face, neck, or other conspicuous areas).

Fracture: Any bone fracture or break.

Permanent loss of use of a body organ, member, function or system: Complete and permanent loss of function (example: permanent loss of vision, hearing, or use of limb).

Permanent consequential limitation of use of a body organ or member: Partial but permanent limitation that is significant (not minor or mild).

Significant limitation of use of a body function or system: Substantial limitation lasting for a considerable period (must be more than minor).

Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment: Also known as the "90/180 rule" requiring substantial disability for 90 of the first 180 days after the accident.

Proving Serious Injury

Meeting the serious injury threshold requires substantial medical evidence:

• Contemporaneous medical treatment beginning immediately after the accident
• Objective medical findings (MRI, CT scans, X-rays, EMG studies)
• Expert medical opinions from treating physicians
• Functional limitations documented over time
• Consistent medical complaints and treatment
• Evidence of disability affecting daily activities and work

Insurance companies and defense attorneys aggressively challenge serious injury claims. Gaps in treatment, pre-existing conditions, or lack of objective findings can defeat claims even when injuries cause significant pain and limitation.

Common Causes of Car Accidents in New York

Distracted Driving

Driver inattention causes thousands of preventable accidents annually.

Common distractions:

• Texting or cell phone use while driving
• GPS navigation and infotainment systems
• Eating or drinking
• Adjusting controls or reaching for objects
• Passenger distractions

New York law prohibits handheld phone use and texting while driving (VTL § 1225-c and § 1225-d). Violation of these laws provides evidence of negligence in accident cases.

Drunk Driving and Impaired Driving

Driving under the influence of alcohol or drugs causes serious and fatal accidents throughout New York.

Impairment evidence:

• BAC test results showing intoxication
• Field sobriety test failures
• Observable signs of intoxication
• Drug recognition expert evaluations
• Criminal DWI charges and convictions

DWI accidents may support punitive damages claims in addition to compensatory damages.

Speeding and Reckless Driving

Excessive speed reduces reaction time, increases stopping distances, and magnifies crash severity.

Evidence of speed-related negligence:

• Citations for speeding violations
• Speed limit signs and traffic studies
• Accident reconstruction expert analysis
• Skid marks and vehicle damage patterns
• Event data recorder (black box) data

Failure to Yield and Traffic Violations

Running red lights, stop signs, or failing to yield right-of-way causes intersection accidents and pedestrian collisions.

Common violations:

• Red light violations
• Stop sign violations
• Failure to yield to pedestrians in crosswalks
• Failure to yield when turning left
• Failure to yield when entering roadways

Traffic citations provide strong evidence of fault in accident cases.

Unsafe Lane Changes and Following Too Closely

Improper lane changes and tailgating cause rear-end collisions and sideswipe accidents.

Contributing factors:

• Failure to check blind spots
• Failure to signal lane changes
• Following too closely (tailgating)
• Unsafe passing maneuvers
• Merging into traffic without adequate space

Adverse Weather and Road Conditions

Snow, ice, rain, fog, and poor road maintenance contribute to accidents, though drivers remain responsible for adjusting speed and operation to conditions.

Liability considerations:

• Drivers must reduce speed and exercise greater care in adverse conditions
• Municipalities may be liable for dangerous road conditions if proper notice given
• Construction zones require reduced speeds and heightened attention

Vehicle Defects and Mechanical Failures

Defective tires, brakes, steering, or other mechanical failures can cause accidents creating products liability claims against manufacturers.

Common defects:

• Tire blowouts and tread separation
• Brake failures
• Steering system defects
• Airbag deployment failures
• Seatbelt defects

Types of Recoverable Damages

When serious injury threshold is met, victims can pursue comprehensive compensation through personal injury lawsuits.

Economic Damages

Past medical expenses:

• Emergency room treatment
• Hospitalization and surgery
• Physician and specialist care
• Physical therapy and rehabilitation
• Prescription medications
• Medical equipment and assistive devices

Future medical expenses:

• Projected future surgeries or procedures
• Long-term rehabilitation needs
• Lifetime care for permanent disabilities
• Future medications and medical monitoring

Lost wages:

• Past lost income from inability to work
• Sick time and vacation time used during recovery
• Lost self-employment income
• Loss of benefits during absence

Lost earning capacity:

• Diminished ability to earn future income
• Inability to return to prior occupation
• Reduced career advancement opportunities
• Need for vocational retraining

Property damage:

• Vehicle repair costs or total loss value
• Personal property damaged in accident
• Rental vehicle expenses during repairs

Non-Economic Damages

Pain and suffering:

• Physical pain from injuries
• Discomfort during recovery and treatment
• Chronic pain from permanent injuries

Emotional distress:

• Anxiety and depression following accident
• Post-traumatic stress disorder
• Fear of driving or traveling
• Sleep disturbances and nightmares

Loss of enjoyment of life:

• Inability to engage in hobbies and recreational activities
• Loss of quality of life from permanent disabilities
• Impact on relationships and family life

Disfigurement and scarring:

• Permanent visible scarring
• Cosmetic impact of injuries
• Psychological impact of disfigurement

Loss of consortium:

• Spouse's loss of companionship and intimacy
• Impact on marital relationship
• Loss of services and support

Punitive Damages

In cases involving egregious conduct such as drunk driving or intentional misconduct, punitive damages may be available to punish defendants and deter similar behavior.

Wrongful Death Claims

When car accidents result in death, surviving family members may pursue wrongful death claims under New York Estates, Powers and Trusts Law § 5-4.1.

Who can file:

• Personal representative of decedent's estate
• Surviving spouse
• Children
• Parents (if no spouse or children)

Recoverable damages:

• Fair and just compensation for pecuniary losses
• Loss of financial support
• Loss of services and guidance
• Funeral and burial expenses
• Medical expenses before death
• Conscious pain and suffering before death (separate survival action)

Identifying Liable Parties

Comprehensive investigation identifies all potentially liable parties to maximize recovery.

At-Fault Drivers

Primary liability rests with negligent drivers who caused accidents through careless, reckless, or illegal conduct.

Vehicle Owners

When drivers operate vehicles they do not own, vehicle owners may be vicariously liable under Vehicle and Traffic Law § 388.

Employers

When accidents involve commercial vehicles or employees driving within the scope of employment, employers may be liable under respondeat superior doctrine.

Municipalities

Government entities may be liable for dangerous road conditions, inadequate signage, or improper traffic control if proper notice of claim is filed within 90 days.

Vehicle Manufacturers

Defective vehicles or vehicle components may create products liability claims against manufacturers.

Alcohol Vendors

Dram shop liability under General Obligations Law § 11-101 may apply when bars or restaurants serve visibly intoxicated persons who subsequently cause accidents.

Insurance Coverage Issues

Underinsured Motorist Coverage

When at-fault drivers carry insufficient insurance to cover all damages, your own underinsured motorist (UIM) coverage provides additional compensation up to your policy limits.

Uninsured Motorist Coverage

When at-fault drivers have no insurance or cannot be identified (hit-and-run), your uninsured motorist (UM) coverage provides compensation.

Excess Coverage

Additional layers of insurance above primary policies may be available when damages exceed primary policy limits.

Bad Faith Insurance Practices

When insurance companies unreasonably deny valid claims, delay payments, or fail to properly investigate, bad faith claims may be pursued for additional damages.

What to Do After a Car Accident

Immediate actions following accidents significantly affect injury claims.

Seek Medical Attention Immediately

Why it matters:

• Documents injuries and establishes connection to accident
• Prevents insurance companies from claiming injuries are minor or unrelated
• Begins necessary treatment to prevent complications

Important: Seek treatment even if symptoms seem minor. Many serious injuries including concussions, internal injuries, and soft tissue damage may not be immediately apparent.

Call Police and Obtain Accident Report

Official police reports document:

• Date, time, and location of accident
• Parties involved and insurance information
• Officer's observations and statements from drivers
• Issued traffic citations
• Diagram of accident scene

Police reports provide crucial evidence in injury claims.

Exchange Information

Obtain from all drivers involved:

• Names and contact information
• Insurance company and policy numbers
• Driver's license numbers
• Vehicle registration information
• License plate numbers

Document the Scene

Photographs and video:

• Vehicle damage from multiple angles
• Accident scene including road conditions, traffic signals, and signage
• Visible injuries
• Skid marks or debris
• Weather conditions

Witness information:

• Names and contact information for all witnesses
• Brief statements of what they observed

Report to Your Insurance Company

New York law requires prompt accident reporting to your insurance company. Failure to report may jeopardize PIP benefits and uninsured/underinsured motorist coverage.

Do Not Make Recorded Statements

Insurance adjusters (including your own) may request recorded statements. Politely decline until consulting with an attorney. Statements made before understanding the full extent of injuries can be used against you.

Do Not Accept Quick Settlement Offers

Insurance companies often make low settlement offers before victims understand the full extent of injuries and damages. Accepting quick settlements typically requires signing releases that prevent any future recovery even if injuries worsen.

Consult with an Attorney Before Signing Anything

Have an experienced personal injury attorney review all documents before signing releases, medical authorizations, or settlement agreements.

Statute of Limitations

New York imposes strict time limits for filing personal injury lawsuits.

Personal injury claims: Generally three years from the date of accident (CPLR § 214).

Wrongful death claims: Two years from the date of death (EPTL § 5-4.1).

Claims against government entities: Notice of claim must be filed within 90 days of accident, with lawsuits filed within one year and 90 days.

Missing these deadlines typically bars claims permanently, regardless of merit.

Our Approach to Car Accident Cases

Initial Consultation and Case Evaluation

We provide free consultations to evaluate your case, explain your rights, and outline the legal process.

Immediate Investigation

Early investigation preserves crucial evidence:

• Obtaining police reports and accident scene photographs
• Interviewing witnesses before memories fade
• Preserving vehicle damage evidence
• Securing surveillance footage before deletion

Medical Documentation

We work with your treating physicians to ensure proper documentation of:

• All injuries and treatment received
• Objective medical findings supporting serious injury threshold
• Functional limitations and disabilities
• Future medical needs and prognosis

Demand and Negotiation

We prepare comprehensive demand packages presenting liability evidence and full damages documentation, then negotiate with insurance companies for maximum settlements.

Litigation When Necessary

When fair settlements cannot be reached, we file lawsuits and pursue cases through trial, presenting compelling evidence to juries and securing favorable verdicts.

Contact Us Today

If you or a loved one has been injured in a car accident anywhere in New York State, experienced legal representation is essential to protecting your rights and recovering full compensation.

At the Law Offices of Matthew Cohan, we represent car accident victims throughout New York and New Jersey, including New York City and Long Island.

We handle all car accident cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.

Contact us today for a free, confidential consultation. Call (516) 375-1107 or submit our online contact form. We are available 24/7 to respond to serious accidents and injuries.

Your recovery begins with experienced legal guidance. Let us fight for the justice and compensation you deserve.