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Queensbury Car Accident Lawyers

As the seat of Warren County, Queensbury sees a good deal of daily traffic along State Route 9 and the Adirondack Northway. This means that Queensbury also has its fair share of car accidents on a daily basis. While many accidents are relatively minor, far too many of these collisions lead to serious personal injury and property damage.

The experienced Queensbury NY car accident attorneys at Larson & Gallivan Law can advise you if you are the victim of a crash caused by another driver’s negligence. Although New York follows a “no-fault” rule when it comes to insuring auto accidents, it is still possible in some cases to pursue a personal injury claim directly against the negligent driver or other third parties whose actions contributed to the crash. The typical Warren County car accident can leave you with thousands of dollars in unpaid bills, not to mention your other losses, such as your ongoing pain and suffering. It is therefore in your best interest to speak with us to learn more about your right to seek compensation under the law.

What Can I Expect From My “No-Fault” Insurance Benefits Following a Car Accident in Queensbury NY?

New York State law requires all drivers to maintain a minimum amount of car insurance coverage for any vehicle they have registered with the Department of Motor Vehicles. This coverage includes at least $50,000 in personal injury protection (PIP), often referred to as “no-fault” benefits. New York is among a minority of states that require no-fault coverage, which basically requires you to seek compensation from your insurance company first following a car accident, regardless of who was actually responsible for causing the crash.

PIP benefits cover not just you but other people associated with your insured vehicle. This includes:

  • anyone who drives the insured vehicle with your permission;
  • any passenger riding in the insured vehicle; or
  • any pedestrian or bicyclist hit by the insured vehicle.

While PIP benefits may be no-fault, they are also not unlimited. Indeed, many Queensbury car accident victims are surprised to learn that their no-fault insurance does not even fully cover their losses due to an accident. Under New York law, PIP coverage is only required to pay for the following:

  • any accident-related medical bills there are considered “reasonable and necessary”;
  • compensation for 80 percent of lost wages and work income, up to $2,000 per month for three years;
  • no more than $25 per day, for up to 1 year, for other “reasonable and necessary” expenses related to the accident, such as hiring household help or paying for transportation to a doctor’s appointment; and
  • a $2,000 death benefit payable to the estate of a victim killed in the car accident.

Critically, no-fault benefits provide zero coverage for non-economic losses, such as an accident victim’s ongoing pain and suffering.

How New York’s “Serious Injury” Threshold Affects Your Personal Injury Claim

Worker's Compensation Areas

Even if the other driver was clearly at-fault for your car accident, you are still bound by the rules and compensation limits of New York’s no-fault coverage. The exception to this rule is that if you can show that you sustained a “serious injury” in the accident, you may pursue a claim for damages against the responsible driver and their liability insurance coverage. Some common examples of injuries that meet New York State’s serious injury threshold include:

  • death;
  • dismemberment;
  • broken bones (i.e., bone fractures);
  • significant disfigurement;
  • the loss of a pregnancy;
  • the permanent loss of use of any body organ, member, function, or system;
  • a permanent consequential limitation to any body organ or member;
  • a significant limitation of the use of any body function or system; or
  • a medically determined, non-permanent injury or impairment that prevents the victim from performing their usual daily activities for at least 90 of the 180 days following the car accident.

Unlike PIP benefits, in a personal injury claim you may seek full compensation for all damages attributed to your accident and the defendant’s negligence. In addition to paying for your past and future medical bills, such damages may include:

  • all of your lost income, as well as your diminished future earning capacity;
  • all other out-of-pocket expenses incurred due to the accident;
  • non-economic damages to compensate you for your pain and suffering, emotional trauma, loss of enjoyment of life, et cetera; and
  • compensation for any damage to your vehicle or other personal property.

One thing to keep in mind is New York’s no-fault benefits only cover personal injury claims. No-fault insurance does not cover property damage. This means that even if you are limited to PIP benefits for medical and lost income benefits, you can still sue a negligent driver to recover the costs of repairing or replacing your vehicle.

Frequently Asked Questions About Car Accident Lawsuits in Queensbury NY

Is there a time limit to file a personal injury lawsuit following a car accident?

Yes. New York has a three-year statute of limitations for personal injury lawsuits arising from car accidents. This means you have three years from the date of the accident to file a lawsuit. The litigation itself does not have to be completed within the three-year period.

What if I was partly to blame for the car accident? Can I still recover damages in a personal injury lawsuit?

Yes. New York uses a pure comparative fault rule in car accident lawsuits. Basically, while the court may reduce the amount of compensation you receive based on your share of the fault, you can still receive something if the defendant is even 1-percent at-fault.

Do I have to report a car accident?

In most cases, yes. Under New York law, you must report any car accident where someone was injured or killed, or if there appears to be at least $1,000 in property damage. So if you are ever in an accident and anyone appears to be hurt, it is best to contact the Warren County Sheriff or the New York State Police right away so that an officer can attend the scene and prepare an official report. You also need to notify the Department of Motor Vehicles within 10 days.

Contact a Queensbury NY Car Accident Lawyer Today

A car accident can leave you with serious and potentially life-threatening injuries. If you need help seeking compensation from the driver who put you in this position, our Queensbury NY car accident lawyers are here to help.Contact Larson & Gallivan Law today to schedule a free initial consultation today.

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