top of page

The Most Common Car Accident Myths in NY

Writer's picture: Alex MalteseAlex Maltese

A car accident can be a devastating and traumatic experience physically, emotionally, and financially. Victims are often left with painful injuries that can affect their well-being and ability to work or care for themselves, staggering medical bills, and many other problems.


As if this weren't overwhelming and burdensome enough, car accident cases are often fraught with misconceptions and false beliefs that can create confusion and deter injured people from taking legal action against negligent drivers.


Fortunately, this article will debunk the most common New York car accident myths to help victims understand their rights, make informed decisions about their legal options, and recover compensation for their medical expenses, lost wages, and other damages. Law Office of Carl Maltese also has information on common personal injury myths in NY.


Victims Cannot Sue Negligent Drivers If They Have No-Fault Insurance Coverage

Victims Cannot Sue Negligent Drivers If They Have No-Fault Insurance Coverage


Since New York is a no-fault state, motor vehicle drivers are required to carry Personal Injury Protection (PIP) insurance. This policy should cover medical expenses and lost income in the event of a traffic accident, regardless of who was at fault.


Under the state's no-fault laws, a person who is involved in a car accident can file a personal injury claim with their own insurance company to pay for related costs. However, this doesn't mean victims cannot sue negligent drivers.


If a person sustains serious injuries with severe or life-altering consequences or suffers economic losses that exceed a specific dollar amount ($50,000 in most cases), they may have the right to file a personal injury lawsuit against the responsible party.


Some examples of serious injuries listed in New York law include disfigurement, dismemberment, disability for at least 90 days, and permanent loss of a bodily organ or system.


PIP or No-Fault Insurance Pays for Everything


In New York, the minimum amount of PIP motor vehicle insurance drivers must purchase is $50,000 per person, per accident. It covers 100% of their medical expenses up to their policy limits and up to $2,000 or 80% of their lost wages, whichever is less.


However, this type of no-fault insurance may not be enough for serious injuries and doesn't cover other damages, such as pain and suffering and property damage.


The Police Report Has All the Key Information


Calling the police is essential after a car collision. As soon as they arrive at the accident scene, police officers make a report that provides key details about the incident, including:


  • The time and date of the motor vehicle accident

  • What the accident scene looks like, including weather and road conditions

  • Number of people involved in the accident

  • Information about people who are visibly injured or experiencing pain

  • Statements from the parties involved

  • Statements from witnesses

  • Information about potential traffic law violations that may have contributed to the accident


While all of these pieces of information can be used to prove how an accident happened or who was responsible, police reports don't have all of the details required to determine liability in personal injury claims.


Car accident victims should work closely with personal injury lawyers to gather other forms of evidence and build a strong case. They may also be able to help with explaining common truck accident myths in NY.


Victims Shouldn't Seek Medical Attention If They Aren't Severely Injured


Even if people involved in car accidents sustain minor injuries or don't experience any symptoms at all, they should seek medical attention as soon as possible.


Sometimes, injuries can appear or worsen after days, weeks, and even months. Plus, some people can also mistakenly believe that they're less severe than they really are because they're in shock after the car crash.


Receiving prompt medical treatment can help avoid complications and is key to successful personal injury cases.


Fault Doesn't Matter in New York


Under New York law, people injured in a car accident must file a claim with their own insurance companies to get reimbursed for their damages and losses, even if they weren't responsible for the crash. However, this doesn't mean fault isn't important.


While New York is a no-fault state, car accident victims can file a lawsuit to get compensation from an at-fault driver in certain scenarios, such as when injuries exceed severity and economic threshold. Therefore, determining fault is still incredibly important in these cases.


Injured People Cannot Afford Legal Representation


Many people think that hiring personal injury lawyers for a car accident case is very expensive, but the truth is that most agree to contingency fees. In other words, attorneys aren't paid upfront but rather collect a percentage of the settlement or award won if the case is successful.


Car Accident Victims Have Plenty of Time to File Claims and Lawsuits


Although car accident victims aren't required to take legal action immediately after the crash, it's important to be aware of the statute of limitations.


All states, including New York, have set a statute of limitations to define how much time injured people have to file a claim against the other party. For car accident cases, it's typically three years, but this can vary under certain circumstances.


Insurance Companies Protect Injured People's Interests


Insurance companies have one goal: pay out as little as possible to settle personal injury claims quickly. Therefore, insurers won't protect victims' interests but will try to reduce the settlement amount by hiding key information or not disclosing the damages injured people may be eligible to claim.


Claimants Can Get Better Settlement Offers If They Don't Work With a Lawyer

Claimants Can Get Better Settlement Offers If They Don't Work With a Lawyer


A personal injury attorney knows how to negotiate with insurance companies to obtain fair compensation for victims, whether the case is settled out of court or must go to trial. In fact, insurers are more likely to make lowball offers to claimants who don't have legal representation. For more information, a Long Island car accident attorney may be able to help.


Final Thoughts


Car accidents are complex cases that often require professional guidance by experienced personal injury lawyers. The myths mentioned above are becoming more common, affecting victims' ability to seek justice and recover fair compensation.


Fortunately, those who work with personal injury attorneys can successfully navigate the legal process, fight for their rights, and make informed decisions to protect their best interests.


Call the Law Office of Carl Maltese Today!

Have you been injured in a car accident? At the Law Office of Carl Maltese, we have an experienced team of personal injury lawyers ready to help you build a solid case and seek compensation for your damages and losses. Get in touch today and schedule a free consultation!

bottom of page