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Can I Still File a Lawsuit In a No-Fault State?

At Levine and Wiss, we encounter a number of individuals who have failed to take legal action simply because they don’t recognize their rights following a car accident. This is common because of New York’s no-fault insurance laws which require many of those involved in a crash to file a claim through their own insurance company.

However, what many don’t know is that they may still be able to file a lawsuit in the state of New York despite no-fault insurance existing. There are certain stipulations that allow for additional legal action, including the following.

A Claim for Vehicle Damage

Under New York’s no-fault insurance, damage to your vehicle is not covered. Because of this, it’s important to file a third-party insurance claim or a lawsuit against the negligent party to help seek compensation designed to cover those damages.

No-fault insurance is only designed to cover your medical expenses, so you will need to take additional action with the help of a legal team. This can be beneficial in protecting your assets and fix your vehicle after a car wreck.

A Claim for Serious Injury

When the injuries you sustain go far beyond normal and are considered serious, you may go outside of the no-fault insurance and file a personal injury lawsuit against the party responsible for the crash and causing you harm.

Serious injuries are typically those that are considered permanent or significant, result in long-term disability, or include bone fractures. When these types of injuries do occur, you can seek compensation for medical expenses, lost income, and more.

With our New York car accident attorneys on your side, you can determine which route is best for you and your situation—as well as whether you can file a personal injury lawsuit outside of the state’s no-fault insurance.

At Levine and Wiss, we aim to be by your side every step of the way. You can seek the compensation and justice you need, backed by our experience, knowledge, and skill.

To schedule a free consultation, we encourage you to call us today at (888) 973-0344.