In some cases, someone can sue you personally after a car accident in New York. Generally, our state expects individuals in car accidents to seek compensation through personal injury protection (PIP) insurance, but exceptions can allow for a personal injury lawsuit.
A Long Island car accident lawyer can explain the legal options available to car accident victims. An attorney can also help if you believe that someone may try to sue you, even though you did not cause a collision.
Can Someone Personally Sue You After a Car Accident?
The legal system in New York allows some individuals to file a personal lawsuit after a car accident. However, not everyone has the opportunity to sue someone personally after a crash. In most cases, injury victims must seek compensation through their personal injury protection (PIP) insurance policy.
However, exceptions may allow someone to file a lawsuit. For example, individuals can go through the court if:
They Sustain a “Serious Injury”
Individuals can file a lawsuit after a motor vehicle accident if they sustain what the legal system considers a “serious injury.” Serious injuries may include:
- The damage to an organ or body part
- Dismemberment and disfigurement
- Bone fractures
- Miscarriages
A Long Island personal injury lawyer can provide more information about potentially qualifying injuries.
Their Losses Exceed Insurance Coverage Limits
Sometimes, the losses caused by a car accident exceed the coverage provided by a PIP policy. In this situation, individuals may file a claim against the other driver’s insurance and could, potentially, pursue a lawsuit.
They Lost a Loved One
Family members may sometimes pursue a wrongful death lawsuit after a deadly accident. In these cases, they may take legal action against the person they believe caused the collision.
Can You Sue Someone Personally After a Car Accident?
You have the option to sue someone after a car accident if you meet the criteria discussed above. Generally, a lawyer will need to review the facts surrounding your collision before proceeding with a lawsuit.
A lawyer will need to determine who caused the crash by looking at the fault for the collision. How is fault determined in a car accident? Generally, the process requires an investigation into the causes of the accident. An attorney may need to:
- Visit the scene of the crash
- Interview eyewitnesses and take their statements
- Get a copy of the official police report
- Request surveillance footage from nearby businesses
Attorneys get to work quickly to collect as much relevant evidence as possible in order to strengthen the claims of their clients.
Why Would Someone Sue You After a Car Crash?
An individual could sue you after an accident in an attempt to get compensation for their losses. In some cases, people try to file a lawsuit even if they caused the crash, hoping to intimidate the other party into covering their losses.
It’s important that you reach out to a lawyer for help after any crash that results in injuries, property damage, or death. An attorney can review your situation and help you determine if you qualify for compensation while protecting you if another driver tries to blame you for the crash or threatens to sue you.
You do not have to try to navigate the legal process alone after a crash.
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Compensation Available Through a Car Accident Lawsuit
Filing a lawsuit after a collision may allow you to seek compensation for all of your losses. Depending on the facts surrounding the accident, you could receive funds to pay for your:
- Medical expenses
- Lost wages
- Emotional distress
- Mental anguish
- Property repairs
An attorney can track all of these losses on your behalf, determining a fair value for your claim based on all the economic and non-economic damages associated with the collision.
How Long Does Someone Have to Sue After a Car Accident?
Generally, New York gives injury victims three years to move forward with a lawsuit after an accident. However, this time limit can vary based on the specific facts surrounding an accident, so it’s crucial to reach out to a lawyer and discuss the deadlines you face after a collision.
A lawyer can review your situation and explain exactly how long you have available to seek compensation for any losses you sustain.
Talk to Us About Lawsuits After a Car Accident
So, can someone sue you personally after a car accident in New York? In some cases, yes, the legal system will allow a car accident victim to file a personal injury lawsuit, instead of relying solely on money from insurance.
Our team at Levine And Wiss can help if you believe you have a valid claim against someone else after a crash. We’ve helped thousands of clients dealing with personal injury claims and have secured hundreds of millions in compensation through the legal process.
You can reach out to us right now to discuss the steps you need to take after a motor vehicle accident.
