Understanding Your Rights in New York If You Have Been Hit by A Motor Vehicle
- Jordan Stern
- Feb 3
- 2 min read
Navigating the streets of New York and Long Island as a pedestrian can be challenging and sometimes downright dangerous. Busy streets, congested intersections, and constant traffic make pedestrians more vulnerable to sustaining serious injuries if they are hit by a car or truck.
While you hope this never happens to you or someone you know, if it does, it is very important that you are aware of your legal rights that will protect your health, finances, and future.
What is No-Fault Insurance?
No-fault insurance. People talk about this a lot, but what does it really mean if you are injured in a motor vehicle accident? New York State requires that all drivers carry no-fault insurance. This insurance kicks in regardless of who is at fault in an accident. As a pedestrian involved in an accident, you would automatically be covered under the no-fault insurance of the driver who hit you.
No-fault insurance covers medical expenses, lost wages, and other related costs up to $50,000. Claims must be filed within 30 days of the accident, or you could be declined coverage.
What Happens If My Costs Exceed $50,000?
If you suffer severe injuries, no-fault benefits may not be enough to cover your expenses. In New York, you may have the right to file a personal injury lawsuit if you suffer what the law considers a serious injury. That would include things such as fractures, traumatic brain injuries, spinal cord damage, permanent disability, or significant disfigurement. A lawsuit would allow you to seek compensation for pain and suffering, future medical costs, and long-term loss of income.
Next Steps
If you are injured in a pedestrian accident, it is important that you contact a personal injury attorney right away. In addition to the statute of limitations for filing a lawsuit, we can also help determine if you have a case. Evidence such as witness statements, surveillance camera footage, police reports, and medical records can play an important role in proving negligence, fault, and damages.
We will help ensure your rights are protected as you heal and recover.
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