Queens Car Accident Attorney

How Common Are Car Accidents in New York?

New York City is home to thousands of car accidents every year. According to crash reports from the New York City Police Department, there were more than 110,000 car accidents in the city’s five boroughs in 2020.

Most of which occurred in Brooklyn, followed by Queens, the Bronx, Manhattan, and Staten Island. While 2020 saw an overall decline in the number of car accidents in NYC, severe injury and fatality rates increased.

About 29.3% of all car accidents in NYC in 2020 resulted in damages, and there were 90 traffic accident-related deaths—a dramatic increase from the 58 fatalities in 2019. If you are involved in a car accident in New York City, there is more than a 60% chance the accident will happen in Brooklyn or Queens.

And while most accident-related injuries affect motorists and passengers, pedestrians and bicyclists are also at risk. In 2020, more than 6,500 pedestrian accidents in New York City resulted in 6,411 injuries and 94 fatalities. An additional 12,422 cyclists were injured, and 28 were killed in collisions with motor vehicles that same year.

Is New York a No-Fault Car Insurance State?

New York follows a no-fault system when it comes to car insurance and accident claims. This means that, as opposed to states with traditional fault-based systems, you do not necessarily need to prove that another driver was to blame for the crash in order to file a claim for compensation. Rather than bringing a claim against the at-fault driver’s insurance company, you can seek compensation from your own insurance provider in the form of personal injury protection (PIP) or Medical Payments (MedPay).

All motorists in New York are required to carry no-fault insurance. This insurance is there to pay compensation for specific economic damages after an accident, such as medical expenses and a percentage of your lost wages. However, no-fault insurance does not cover any non-economic losses, like pain and suffering. It also does not cover the full cost of economic damages, which means accident victims may need to go outside the state’s no-fault system to be fully compensated.

To go outside the no-fault system and bring a claim against the liable party, you will need to prove that your injuries meet the state’s “serious injury threshold.” This means proving at least one of the following:

• Your injury is a bone fracture
• Your injury resulted in significant disfigurement
• Your injury caused significant impairment of a bodily function or system
• Your injury resulted in permanent impairment of the use of a body member or organ
• You were substantially and fully disabled for at least 90 days

If you meet these requirements, you can step outside the no-fault system and file a claim or lawsuit against the at-fault driver. Our team at the Harris Firm, LLC can help you understand your legal rights and options during a free, no-obligation consultation.