Anonymous asked in Politics & GovernmentLaw & Ethics · 8 months ago

Accident ny state ?

I live in New York state yesterday I was leaving my neighborhood I had a green light and was making a left hand turn this guy on a bike plowed in to my back side fender of my suv when I got to a safe location to pull over the guy got up and said are you okay I was in so much shock it wasn’t even funny the guy on the bike had a beer in his hand right before he collided in to the side of my car and when I looked Out 

my driver side mirror I saw the liquid go one way and him go the other way and he was slurring his wording and smelled like beer and he was cited for failure to yield the right of way he was at fault can he sue me for personal injury if he’s at fault and admitted fault to the ny state trooper Also we went down to speed way and questioned the lady that sold this person beer when he was clearly intoxicated I have photos of the beer can with all the liquid in the street also can I sue for mental destress due to this 

2 Answers

  • Anonymous
    8 months ago

    I'm also in NYS, outside of Syracuse.  Yes, he can sue you for personal injury even if he's at fault.  Lots of people sue lots of other people for personal injury and lose.  He may be one of them.

    I understand you were turning and he hit the back side fender of your vehicle.  What was he doing at the time? Turning?  Going straight, you turned and he didn't?

    The Police Report is rather useless as to the cause of the accident because the Trooper wasn't an eye witness (good that the Troopers are involved and not the "locals") but the admissions at the scene are useful and carry a lot of legal weight.

    Yes, you can sue for mental distress, but claims of mental stress due to an accident (unless you are seriously injured AND suffer mental distress) are usually dismissed.  A Judge will probably tell you that he/she suffers mental stress every day.

    Are the Police interested in where the bicyclist became intoxicated?  Sometimes they are.

    If he does sue you, I doubt very much - based on what you have said - that he will collect anything.  Your insurance company will shut him down.  Have you advised your company so that it can pursue the repairs to your vehicle?

    Source(s): education/experience
  • Anonymous
    8 months ago

    It's unlikely, but call a lawyer or two.

    New York is one of a dozen or so states that follow some form of a “no-fault” car insurance system. Under no-fault, after a car accident, your own car insurance coverage (specifically, your “personal injury protection” or “medical benefits” coverage) pays for medical treatment and other out-of-pocket losses incurred by anyone covered under the policy, up to coverage limits, regardless of who caused the accident. But with a no-fault claim, you can't get compensation for your "pain and suffering" and other non-monetary damages stemming from the accident.

    In order to step outside of the no-fault system and file a third-party insurance claim or lawsuit against the at-fault driver (so that "pain and suffering" and other non-economic losses are on the table) your injuries must meet certain thresholds set by state law (we'll look at New York's "serious injury" threshold in the next section).

    It’s important to note that New York’s no-fault car insurance system applies to injuries caused by car accidents, but not to vehicle damage claims. A claim for damage to (or total loss of) a vehicle can be made against the at-fault driver in New York, with no limitations.

    What is a "Serious Injury" Under New York Law?

    As touched on above, in order to step outside of New York's no-fault car insurance claim system and pursue a claim against the driver who caused your car accident, the car accident injuries you suffered must qualify as "serious" under the threshold set by state law. That means, as a result of the car accident, you've experienced any of the following:

    significant disfigurement

    bone fracture

    permanent limitation of use of a body organ or member

    significant limitation of use of a body function or system, or

    substantially full disability for 90 days.

    If your injuries qualify under this definition, you're not limited to a no-fault claim under your own policy. You can hold the at-fault driver responsible for the accident via a third-party car insurance claim or personal injury lawsuit, and you can pursue compensation for all categories of losses, including pain and suffering and all other available non-economic damages (which, again, aren't available in a no-fault claim).

    Now that you understand how no-fault car insurance works in New York, let’s look at the state’s requirements for different kinds of car insurance coverage.

    No Fault Benefits

    These are benefits paid by the insurance company of the car you were driving, was a passenger in or were struck by as a pedestrian, regardless of fault as to the cause of the accident. These benefits include payment of medical bills, prescription drugs, lost wages, housekeeping and/or transportation to and from medical providers, all as the result of the accident. There is a very short time, only 30 days from the date of the accident, in order to file an application for these benefits.Video TranscriptionNew York is a no-fault state when it comes to motor vehicle accidents. What that basically means is that if you’re a passenger in a car, or a pedestrian or a bicyclist who gets hit by a car, that vehicle, whether you’re in it or it hits you, that insurance company pays your medical bills and your time lost from work, no matter whose fault the accident is.Now, in order to sue or make a claim against the vehicle that is at fault, you have to reach the no-fault threshold. And the no-fault threshold is basically whether or not you have a serious injury under the law.There are certain categories of serious injury in New York State. A fracture is automatically serious. Significant scarring is automatically serious. Loss of a fetus is automatically serious. And then there’s a couple of categories that get a little tricky.But, in essence, you need some type of permanent partial disability in order to prove a serious injury and then pursue your claim for pain and suffering damages.

    • william8 months agoReport

      Even though he was impaired and failed to yield the right away I can be sued him for my insurance companies got a fork over money because this guy couldn’t be responsible enough

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