Car accidents can cause a great deal of damage to a person’s livelihood when the personal injuries are in excess of personal injury limitations on one’s auto policy. One of the first things you must consider when you purchase auto insurance is whether you do have the right to file a lawsuit when your personal injuries exceed the limitations of your policy.
Liability Limitations
In the state of New York the owner of a motor vehicle holds full responsibility for the actions of anyone who drives that car. In other words, if someone is driving a car and causes an accident the owner of that vehicle is held legally responsible as long as the driver has the consent of the owner. Unless there is evidence to the contrary, it is assumed the driver of any vehicle has the consent of the owner. The presumption of consent is almost impossible to avoid unless the vehicle in question has been reported stolen before the occurrence of the accident. The limitations of liability usually fall on the driver’s employer when the vehicle is used for business purposes.
Personal Injury Lawsuits
The laws pertaining to car accident claims in NYC do not allow drivers to recover any monetary damages for personal injury to occupants of a vehicle that extend beyond what is known as “basic economic loss.” This is not the case, however, if the occupant has sustained what is defined as a serious injury under the state statue, namely an injury that causes any of the following:• Death• Loss of one or more limbs• Serious disfigurement• Broken bone or bones• Death of an unborn child• Permanent inability to use an organ or other part of the body• The occupants severe inability to use specific systems or bodily functions• Occupant must be medically unable to perform his or her regular job or daily activities are at least ninety days out of 180 days following the accidentIn New York state operators and passengers of motorcycles do not fall under the “no fault” benefits section of the code and as such are not to the limitations on serious injury. New York state has no caps on damages and also has provisions for pure comparative negligence which means the plaintiff can recover damages from a third party that holds some responsibility for the accident.
Getting Legal Help
Since the laws in New York regarding liability and damage in cases of personal injury tend to be rather complex, it is important to seek the advice of a lawyer before you file a lawsuit for damages resulting from a car accident. Choose someone who is experienced regarding laws in the state of New York so you can be certain you are receiving the right information.
