Queens Car Accident Claims: Navigating Your Rights After an Injury

Queens Car Accident Claims: Navigating Your Rights After an Injury

Did you know that Queens saw 29,256 motor vehicle accidents in 2021, accounting for 29% of all auto accidents in New York City that year? Navigating the aftermath of a car accident can be overwhelming, especially when you’re dealing with injuries, insurance companies, and legal jargon. This guide is designed to help you understand your rights and the steps you can take to protect yourself after a car accident in Queens.

Understanding New York’s No-Fault Insurance System

New York is a no-fault insurance state, meaning that regardless of who caused the accident, your own insurance company will pay for your medical expenses and lost wages, up to certain limits. This is known as Personal Injury Protection (PIP) coverage. Every driver in Queens is required to carry this coverage.

PIP coverage pays up to $50,000 for basic economic losses, including:

  • Medical expenses
  • Cost of physical therapy
  • Prescription drugs
  • Lost wages
  • Loss of future income

However, no-fault insurance has its limitations. It doesn’t cover non-economic damages like pain and suffering, nor does it cover property damage.

When Can You Sue After a Car Accident in Queens?

While New York’s no-fault system aims to streamline the compensation process, it doesn’t always fully cover the losses incurred in a car accident. You may be able to step outside the no-fault system and file a lawsuit against the at-fault driver if you meet certain criteria.

You can sue the at-fault driver if your injuries are considered “serious” as defined by New York law, or if your economic losses exceed $50,000. A “serious injury” is one that results in:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • A non-permanent injury that prevents the injured person from performing usual and customary daily activities for at least 90 days out of 180 days immediately following the injury

If you meet either of these thresholds, you may be able to recover additional damages, including compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

Steps to Take After a Car Accident in Queens

If you’re involved in a car accident in Queens, here are the steps you should take to protect your safety and your legal rights:

  1. Ensure Your Safety: If possible, move your vehicle to a safe location away from traffic. Turn on your hazard lights.
  2. Check for Injuries: Assess yourself and others for injuries. Call 911 immediately if anyone is hurt.
  3. Call the Police: Even for minor accidents, it’s crucial to have an official police report. In New York, you must report the accident to the police if there is any injury or death, or if the damage to the vehicles or other property exceeds $1,000.
  4. Exchange Information: Gather contact and insurance details from all parties involved, including their names, phone numbers, addresses, insurance companies, and policy numbers.
  5. Collect Evidence: If you can, take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Get contact information from any witnesses.
  6. Seek Medical Attention: Even if you feel fine, it’s important to seek medical attention as soon as possible. Some injuries may not be immediately apparent.
  7. Report the Accident to Your Insurance Company: Notify your insurance company of the accident as soon as possible. In New York, you have 30 days from the date of the accident to file a no-fault claim with your insurer.
  8. Contact a Queens Car Accident Lawyer: An experienced attorney can help you understand your rights, navigate the claims process, and protect your interests.

Common Causes of Car Accidents in Queens

Understanding the common causes of car accidents can help you be a more aware and cautious driver. According to NYPD data, some of the leading causes of car accidents in Queens include:

  • Distracted driving and driver inattention
  • Following too closely
  • Failure to yield the right of way
  • Unsafe passing or lane usage
  • Speeding
  • Disregarding a traffic signal or sign
  • Alcohol and drug use

Dangerous Roads and Intersections in Queens

Certain roads and intersections in Queens are known for being particularly dangerous. Some of the roads that see the most traffic accidents include:

  • Queens Boulevard
  • Hillside Avenue
  • Jamaica Avenue
  • Union Turnpike
  • South Conduit Avenue

Some of the borough’s most dangerous intersections include:

  • Main Street and Grand Central Parkway South
  • Woodward Avenue and Willoughby Avenue
  • Metropolitan Avenue and Union Turnpike
  • 89th Avenue and 168th Street
  • Woodhaven Avenue and Metropolitan Avenue
  • 39th Avenue and 111th Street

Understanding Your Rights as a Passenger

If you were a passenger injured in a car accident in Queens, you have rights to compensation, even if the driver of the vehicle you were in was at fault. As a passenger, you are generally not held liable for the accident, as you are not in control of the vehicle.

You may be able to file a claim against the at-fault driver’s insurance company, or against the insurance company of the vehicle you were in. It’s important to consult with a Queens car accident lawyer to understand your rights and options.

The Importance of Legal Representation

Navigating the legal process after a car accident can be complex and confusing. An experienced Queens car accident lawyer can help you:

  • Understand your rights and options
  • Investigate the accident and gather evidence
  • Negotiate with insurance companies
  • File a lawsuit if necessary
  • Represent you in court

A lawyer can also help you accurately assess the value of your claim, including both economic and non-economic damages. They will ensure you receive the full compensation you’re entitled to for medical bills, lost wages, pain and suffering, and other losses.

Statute of Limitations for Car Accident Claims in New York

In New York, the statute of limitations for filing a car accident claim is generally three years from the date of the accident. This means you have three years to file a lawsuit against the at-fault party.

However, there are exceptions to this rule. For example, if the accident involved a government vehicle, you must file a Notice of Claim within 90 days of the accident. If the injured party is a minor, the statute of limitations is tolled until they turn 18, meaning they have until their 21st birthday to file a lawsuit.

It’s crucial to consult with a Queens car accident lawyer as soon as possible to ensure you meet all applicable deadlines. Waiting too long can result in losing your right to seek compensation.

Comparative Negligence in New York

New York follows a pure comparative fault system. This means that even if you were partially responsible for the accident, you can still recover damages, unless you are 100 percent at fault. However, the amount of damages you can recover will be reduced by your percentage of fault.

For example, if you are found to be 20% responsible for the accident, your award will be reduced by 20%. A $100,000 award would be reduced to $80,000.

Don’t Face the Aftermath Alone

If you’ve been injured in a car accident in Queens, it’s important to understand your rights and take the necessary steps to protect yourself. Contacting an experienced Queens car accident lawyer is a crucial first step. They can provide you with the guidance and representation you need to navigate the legal process and pursue the compensation you deserve.