Rochester Car Accident Attorneys

One of the Best Law Firms in America Fighting for You

Being injured in a car accident is the last thing you expected, especially one that wasn’t your fault. In a matter of seconds your life is suddenly turned upside down. On top of painful injuries, you’re suddenly faced with medical bills, lost wages, and being bombarded with phone calls from insurance companies. Your day is now filled with thinking about how you’re going to pay those medical bills, how’ll you’ll pay your bills at home being out of work, and if the pain from your injuries is ever going to go away.

You’re not an attorney. You don’t fight against the insurance companies and their tricks day in day out. We do. How much easier would your life be right now knowing you had a firm of car accident lawyers fighting for you? Imagine the only thing you need to worry about is getting treatment for your injuries, while we fight the insurance companies to get your medical bills and lost wages paid, and pursue those responsible for the pain and suffering they caused you?

At Horn Wright, LLP, we take away the stress and fear after being in a car accident so you can focus on getting your life back on track. Whether it’s a rear-end accident on I-490 in downtown Rochester, an intersection crash on Route 104 in Greece, or a side-swipe impact on Ridge Road in Webster, our attorneys are ready to help guide you through every step of your car accident case.

Our Rochester car accident lawyers provide full-service support to victims across Upstate New York. Call (855) 465-4622 or contact us online for a FREE consultation.

Understanding New York's No-Fault Insurance Laws

New York operates under a no-fault insurance system for car accidents. This means that after an accident, each driver’s own insurance company will cover their medical expenses, lost wages, and other economic damages, regardless of who was at fault for the accident. This system is designed to ensure that accident victims can receive immediate compensation for their basic economic losses without having to prove fault or go through a lengthy legal process.

Under New York’s no-fault insurance laws, your Personal Injury Protection (PIP) coverage will typically pay for:

• Medical expenses: Covers necessary and reasonable medical bills related to your injury.
• Lost wages: Reimburses you for up to 80% of your lost earnings (subject to policy limits) if your injuries prevent you from working.
• Other expenses: Coverage may extend to other reasonable out-of-pocket expenses, such as transportation costs for medical appointments.

The no-fault system ensures quick compensation for economic losses, but it has limits. It does not cover non-economic damages such as pain and suffering, nor does it cover property damage (like repairs to your vehicle). Additionally, no-fault insurance is capped at a certain amount, typically around $50,000.

When Can You Pursue a Personal Injury Claim Outside of PIP in New York?

While the no-fault system provides immediate coverage for basic economic losses, there are situations where you may step outside the no-fault system and file a personal injury claim against the at-fault driver. You may pursue a personal injury claim if your injuries are deemed serious under New York law or if your economic damages exceed your PIP policy limits.

In New York, serious injuries are defined as:

• Bone fractures
• Significant disfigurement
• Permanent loss of use of a body organ, member, function, or system
• Significant limitation of a body function or system
• Full disability for at least 90 days following the accident

If your injury meets this threshold, you can file a personal injury lawsuit to seek additional compensation, including damages for pain and suffering, emotional distress, and other non-economic losses. Additionally, if your medical bills or lost wages exceed the limits of your no-fault coverage, you may also be eligible to pursue a claim for these excess damages.

Our experienced car accident attorneys at Horn Wright, LLP can help determine if your injury qualifies as serious and guide you through the process of pursuing a personal injury claim. 

Determining Liability in New York Car Accident Cases

When you’re able to pursue a personal injury claim outside of the state’s no-fault insurance system, you’ll need to establish fault and liability. This means proving that the other driver’s negligence caused the accident. Liability can be based on factors such as:

• Traffic violations: Was the other driver speeding, running a red light, or violating traffic laws?
• Distracted driving: Was the other driver texting, eating, or otherwise distracted?
• Drunk driving: Was the driver under the influence of drugs or alcohol?

Our team conducts thorough investigations to determine liability, using evidence like accident reports, witness statements, and any available video footage.

Common Car Accident Injuries

Car accidents can lead to a wide range of injuries, some of which may not be immediately visible. Common injuries include:

• Whiplash: A soft tissue injury common in rear-end collisions.
• Fractures and broken bones: Caused by the force of impact or being thrown inside the vehicle.
• Head and brain injuries: Traumatic brain injuries (TBI) can result from striking your head or from the violent motion of the crash.
• Spinal cord injuries: Damage to the spine can lead to long-term complications, including paralysis.
• Cuts and lacerations: Caused by broken glass or metal in the vehicle.
• Internal injuries: Damage to internal organs may require emergency surgery and can have long-term consequences.

Process for Filing a Car Accident Claim in New York

Filing a car accident claim in New York begins with notifying your no-fault insurance provider, which will cover your medical bills and lost wages up to a certain limit. If your injuries exceed New York’s no-fault threshold, you can file a personal injury claim against the at-fault driver. Here’s a general overview of the process:

1. Report the accident: You must notify your no-fault insurer within 30 days of the accident.
2. File your no-fault claim: Your insurer will cover medical expenses, lost wages, and other economic losses up to the policy limits.
3. Step outside the no-fault system: If your injuries are “serious” (such as fractures, disfigurement, or long-term disability) or your medical costs exceed the no-fault limit, you can file a claim against the at-fault driver’s insurance.
4. Gather evidence: This includes police reports, medical records, and any documentation that proves fault and the extent of your damages.
5. Negotiate or litigate: Most cases settle through negotiations, but if a fair settlement isn’t reached, your case may go to trial.

Our attorneys can guide you through every step of this process and work to secure the maximum compensation available.

Damages Available for Car Accident Claims

If your car accident case qualifies for compensation outside the no-fault system, you may be able to recover both economic and non-economic damages, such as:

• Medical expenses: Covers past and future medical costs, including surgeries, therapy, and medications.
• Lost wages: Compensation for income lost due to your injury and future earning potential if you’re unable to return to work.
• Pain and suffering: Non-economic damages for the physical pain and emotional distress caused by the accident.
• Property damage: Compensation for repairs or replacement of your vehicle or other damaged property.
• Loss of consortium: Compensation for the impact the injury has on your relationship with your spouse or family.

Rochester Car Accident FAQ

What Should I Do After a Car Accident?

If you’ve been involved in a car accident, it’s important to take immediate steps to protect yourself and strengthen any potential claims. Here’s what you should do:

1. Check for injuries: Your health and safety are the priority. Call 911 if there are any injuries, and seek medical attention even if you feel fine, as some injuries may not be immediately apparent.
2. Document the scene: Take pictures of the vehicles, damages, road conditions, and any visible injuries. Collect contact information from witnesses and the other driver.
3. File a police report: Even in minor accidents, having an official police report can be valuable when dealing with insurance companies or pursuing a claim.
4. Notify your insurance company: Report the accident to your insurer as soon as possible to begin the claims process.
5. Contact a car accident lawyer: Before speaking with the other party’s insurer, it’s wise to consult with a lawyer. Insurance adjusters may try to minimize your claim, and having legal guidance ensures your rights are protected.

Do I Have to Report a Car Accident?

In New York, you are legally required to report an accident to the Department of Motor Vehicles (DMV) within 10 days if the accident results in over $1,000 in property damage. Failing to file a report can lead to penalties, including a suspended license. Additionally, you must immediately notify law enforcement if there are injuries, deaths, or significant property damage.

How Long Do I Have to File a Car Accident Claim in New York?

New York’s statute of limitations for filing a personal injury lawsuit after a car accident is typically three years from the date of the accident. This means that if you are seeking compensation for your injuries outside the no-fault system, you must file your claim within this time frame. However, certain exceptions may apply, such as if you’re filing a claim against a government entity, where the deadline may be shorter. Consulting with a lawyer early ensures you don’t miss these critical deadlines.

What Factors Affect My Recovery Value?

Several factors can impact the amount of compensation you may recover in a car accident claim, including:

• Severity of injuries: More severe or long-term injuries typically result in higher compensation amounts.
• Shared fault: New York follows a comparative negligence rule, meaning your recovery may be reduced if you were partially at fault for the accident. For example, if you’re found 20% at fault, your compensation will be reduced by 20%.
• Insurance limits: The at-fault party’s insurance coverage may limit the amount of compensation you can recover, especially if their policy has low limits.
• Medical documentation: Proper medical documentation and consistent treatment play a critical role in proving the extent of your injuries and damages.

Call For a FREE Consultation: (855) 465-4622

If you’ve been involved in a car accident, navigating New York’s no-fault insurance system and determining liability can be overwhelming. At Horn Wright, LLP, we leverage decades of experience to help clients make sense of these confusing processes and fight for the compensation they deserve.

Request a FREE review of your case by calling (855) 465-4622. Our Rochester car accident lawyers are available 24/7 to help.