When to Consider Legal Action After a Car Accident
June 11, 2025
Car accidents can be life-altering events, leaving victims with physical injuries, emotional trauma, and financial burdens. In New York, traversing the aftermath of a car accident involves understanding the state’s unique laws, insurance requirements, and legal options.
Deciding whether to pursue legal action is a critical step that depends on various factors, including the severity of injuries, the extent of property damage, and the circumstances of the accident.
The Rabin Law Firm in East Syracuse, New York, can help you decide when to consider legal action after a car accident. Below is a comprehensive guide to help victims make informed decisions. Contact our personal injury attorney for more information.
New York’s No-Fault Insurance System
New York operates under a no-fault insurance system, which significantly influences the decision to pursue legal action. Under this system, each driver’s own insurance company covers medical expenses and lost wages up to a certain limit, regardless of who caused the accident.
The no-fault system aims to streamline claims and reduce litigation by allowing victims to recover compensation quickly without proving fault.
However, the no-fault system has limitations. It typically covers only economic losses, such as medical bills and lost income, up to the policy’s limit (often $50,000). Non-economic losses, such as pain and suffering, are generally not covered unless the victim meets specific criteria.
To step outside the no-fault system and pursue a lawsuit, the accident must result in a “serious injury” as defined by New York law.
What Constitutes a Serious Injury?
New York’s Insurance Law § 5102(d) defines a serious injury as one that results in:
Death
Dismemberment
Significant disfigurement
A fracture
Loss of a fetus
Permanent loss of use of a body organ, member, function, or system
Permanent consequential limitation of use of a body organ or member
Significant limitation of the use of a body function or system
A medically determined injury or impairment that prevents the victim from performing substantially all of their usual daily activities for at least 90 days within the 180 days following the accident
If your injuries meet one of these criteria, you may be eligible to file a lawsuit against the at-fault party to seek compensation for pain and suffering, as well as other damages not covered by no-fault insurance.
Consulting with a personal injury attorney is crucial to determine whether your injuries qualify as serious under the law.
Key Factors to Consider Before Taking Legal Action
Deciding whether to pursue legal action involves evaluating several factors. Below are the primary considerations to keep in mind:
Severity of Injuries
The extent of your injuries is a primary determinant of whether legal action is warranted. Minor injuries, such as bruises or sprains, are typically covered by no-fault insurance and may not justify a lawsuit.
However, if you’ve sustained severe injuries, such as broken bones, traumatic brain injuries, or spinal cord damage, that meet the serious injury threshold, pursuing a lawsuit may be necessary to recover adequate compensation. A personal injury attorney can help.
Severe injuries often lead to long-term medical treatment, rehabilitation, and lifestyle changes. A lawsuit can help you recover damages for future medical costs, lost earning capacity, and non-economic losses like emotional distress.
Fault and Liability
Establishing fault is critical in any car accident lawsuit. New York follows a comparative negligence rule, meaning that even if you were partially at fault for the accident, you can still recover damages, though your compensation will be reduced by your percentage of fault.
For example, if you were 20% at fault and your damages total $100,000, you could recover $80,000.
To build a strong case, you’ll need evidence demonstrating the other party’s negligence. Common causes of car accidents in New York include:
Distracted driving (e.g., texting or using a phone)
Speeding
Driving under the influence of alcohol or drugs
Failure to obey traffic signals or signs
Reckless or aggressive driving
Gathering evidence, such as police reports, witness statements, traffic camera footage, and photos of the accident scene, can help establish liability. An experienced attorney can assist in collecting and presenting this evidence effectively.
Extent of Property Damage
Significant property damage to your vehicle or other personal property may also warrant legal action, especially if the at-fault driver’s insurance refuses to cover the full cost of repairs or replacement.
In New York, property damage claims aren’t subject to the no-fault system, so you can pursue compensation directly from the at-fault party’s insurance or through a lawsuit if necessary.
Keep detailed records of repair estimates, rental car expenses, and any other costs related to property damage. These records will strengthen your case if you decide to take legal action. Contact a personal injury attorney to make sure you have all the documentation you need.
Insurance Company Disputes
Insurance companies are businesses focused on minimizing payouts. After an accident, you may encounter issues such as:
Denial of your no-fault insurance claim
Disputes over the extent of your injuries
Lowball settlement offers from the at-fault party’s insurer
Delays in processing your claim
If you’re unable to resolve these disputes through negotiation, legal action may be the only way to secure fair compensation. An attorney can advocate on your behalf, verifying that the insurance company does not take advantage of you.
Financial and Emotional Impact
Car accidents can lead to significant financial strain, including medical bills, lost wages, and out-of-pocket expenses. If these costs exceed the limits of your no-fault insurance or the at-fault party’s coverage, a lawsuit may be necessary to recover additional compensation.
The emotional toll of an accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD), should also be considered. While no-fault insurance does not cover emotional distress, a lawsuit can seek damages for these non-economic losses if your injuries meet the serious injury threshold.
Steps to Take After a Car Accident in New York
To strengthen your potential legal case, take the following steps immediately after a car accident:
Seek medical attention: Your health is the top priority. Even if you feel fine, some injuries, like concussions or internal bleeding, may not be immediately apparent. A medical evaluation creates a record of your injuries, which is crucial for any legal claim.
Report the accident: Call the police to report the accident, especially if there are injuries or significant property damage. The police report will serve as key evidence in determining fault.
Document the scene: Take photos of the vehicles, road conditions, traffic signs, and any visible injuries. Collect contact information from witnesses and the other driver(s).
Notify your insurance company: Report the accident to your no-fault insurer as soon as possible to initiate a claim for medical expenses and lost wages.
Keep detailed records: Maintain records of all medical treatments, bills, repair costs, and correspondence with insurance companies.
Avoid making statements: Do not admit fault or make statements to the other driver’s insurance company without consulting an attorney. These statements could be used against you.
Taking immediate steps after an accident in Missouri, such as seeking medical attention, reporting the incident, documenting the scene, notifying your insurer, keeping detailed records, and avoiding premature statements, is essential to protect your health and strengthen any potential legal claim.
Potential Outcomes of Legal Action
Pursuing legal action can result in several possible outcomes, depending on the circumstances of your case:
Settlement: Most car accident lawsuits are resolved through settlements, where the at-fault party’s insurer agrees to pay a negotiated amount. Settlements can provide compensation for medical expenses, lost wages, pain and suffering, and other damages.
Trial: If a fair settlement cannot be reached, your case may go to trial. A judge or jury will determine fault and the amount of compensation, if any, you are entitled to.
Dismissal: If your injuries do not meet the serious injury threshold or you lack sufficient evidence, your case may be dismissed. An attorney can help assess the strength of your case to avoid this outcome.
Pursuing legal action in a Missouri car accident case may lead to a negotiated settlement, a trial verdict determining compensation, or potential dismissal if the case lacks sufficient evidence or fails to meet legal thresholds, highlighting the importance of a strong legal strategy.
Don't Face It Alone
Deciding whether to pursue legal action after a car accident in New York requires careful consideration of your injuries, the circumstances of the accident, and the limitations of the no-fault insurance system. When you’re ready to take legal action, The Rabin Law Firm in East Syracuse, New York, can help. Contact a knowledgeable personal injury attorney today.