How Is Compensation Calculated in a New York Motor Vehicle Accident?
How Is Compensation Calculated in a New York Motor Vehicle Accident?
If you’ve been injured in a motor vehicle accident in New York, understanding how compensation is calculated is crucial to ensuring you receive the financial recovery you deserve. At Law Offices of John E. Gray, we assist accident victims in navigating the complex claims process to maximize their compensation.
1. No-Fault Insurance Coverage (Personal Injury Protection - PIP)
New York follows a no-fault insurance system, meaning that your own Personal Injury Protection (PIP) coverage pays for medical expenses, lost wages, and other out-of-pocket costs, regardless of who was at fault. However, PIP coverage is limited and does not compensate for pain and suffering.
2. Filing a Lawsuit for Additional Compensation
If your injuries are severe and exceed the no-fault threshold, you may file a lawsuit against the at-fault driver. Compensation in these cases typically includes:
- Medical Expenses: Both current and future medical costs, including hospital stays, surgeries, rehabilitation, and prescription medications.
- Lost Wages and Earning Capacity: Compensation for time missed from work and potential future income loss if your injuries prevent you from returning to your job.
- Pain and Suffering: Non-economic damages such as emotional distress, physical pain, and reduced quality of life.
- Property Damage: Costs to repair or replace your vehicle and any other damaged property.
3. Factors That Influence Compensation
The amount of compensation you may receive depends on several factors, including:
- Severity of Injuries: More serious injuries generally result in higher settlements.
- Comparative Negligence: New York follows pure comparative negligence laws, meaning your compensation may be reduced if you were partially at fault for the accident.
- Insurance Coverage Limits: The at-fault driver’s insurance policy may impact the total amount you can recover.
Navigating a motor vehicle accident claim in New York can be challenging, but seeking legal representation can help ensure you recover the full amount you are entitled to. At Law Offices of John E. Gray, we fight for the rights of accident victims and work to secure the maximum compensation possible.
