Car accidents happen every day but don’t always involve injuries. According to the Institute for Traffic Safety Management and Research, 262,485 of the 374,578 crashes in New York State in 2023 included property damage. While most injuries are minor physical injuries, sometimes the pain is mental and emotional distress from a traumatic experience. But can you sue after a car accident if not hurt with physical injuries?
If you suffered an injury in a car crash, you should seek the experience of a car accident lawyer in New York City. You may be able to recover compensation for property damage to your vehicle and mental anguish or emotional distress from the accident.
Minimum Required Car Insurance
New York requires no-fault personal injury protection (PIP) and liability coverage for all drivers. The minimum required coverages include:
- $50,000 in personal injury protection coverage
- $25,000 in bodily injury liability per person up to $50,000 per accident
- $50,000 in bodily injury liability per person up to $100,000 per accident for accidents resulting in death
- $10,000 in property damage liability
- $25,000 in uninsured motorist coverage, or an amount that matches your bodily injury liability coverage
Liability covers damage that you do to another person or their property in an accident for which you are responsible. If you suffer injuries in an accident, you will cover your own injuries with your PIP policy.
New York Is a No-Fault Insurance State for Car Accidents
New York requires accident victims to pursue a claim for their injuries through their own insurance company. In most cases of physical injuries, victims can only make accident claims against the at-fault driver if their physical injuries qualify as “serious injuries” including:
- Broken bones (fracture)
- Significant disfigurement
- Loss of a fetus
- Dismemberment or amputation
- Significant limitation of a body system or function
- Permanent loss of use to a body system, organ, or function
- Permanent consequential limitation of a body organ or member
- Medically determined injury or impairment of a non-permanent nature which
prevents the injured person from performing substantially all of the material acts
which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment
- Death
If you have no physical injuries but suffer from emotional injuries due to the accident, you may be able to pursue a claim against the at-fault driver for negligent infliction of emotional distress (NIED).
Insurance Only Covers Economic Damages
Your insurance claim will only cover medical bills for physical injuries, damage to your vehicle or other property, and other economic losses such as lost wages due to your accident and travel expenses for medical treatment. To pursue non-economic damages against a person who caused an accident, you would need to pursue a lawsuit rather than an insurance claim. But can you sue after a car accident if not hurt? Let’s dive into negligence and emotional distress.
Negligent Infliction of Emotional Distress (NIED) Lawsuits
Your auto accident attorney in NYC can help you evaluate an NIED claim against the at-fault driver.
A cause of action to recover damages for negligent infliction of emotional distress generally requires a plaintiff to show a breach of a duty owed to him which unreasonably endangered his physical safety, or caused him to fear for his own safety. See Sacino v. Warwick Valley Cent. School Dist. 138 AD3d 717 (2nd Dept 2016) A breach of a duty of care resulting directly in emotional harm may be compensable even though no physical injury occurred. Brown v. NY Design Center, Inc. (1st Dept 2023)
Also, if you weren’t involved directly in an accident but suffered emotional distress by witnessing an immediate family member suffer serious injury or die in an accident, you would pursue the “zone of danger” or “bystander” theory of liability in your case. One would have to prove that they suffered serious emotional distress that was proximately caused by observation of their family member’s death or serious injury while in the zone of danger. See Stamm v PHH Vehicle Management Services LLC 32 AD3d 784 (1st Dept 2006)
If the defendant was outrageously reckless or intentionally caused the crash leading to your emotional distress, you may be able to file a claim against them for intentional infliction of emotional distress (IIED). In these cases, the defendant may have been street racing, driving on the sidewalk, or under the influence.
New York Is a Pure Comparative Negligence State for Accident Compensation
New York practices pure comparative negligence, meaning anyone can collect compensation for costs associated with an accident if they were not found to be 100% at fault. For example, if a jury found that you were 15% responsible for your distress due to your own actions, you would only recover 85% of your compensation award. For example, if you proceeded into an intersection where you had the green light and the right of way, but you were on your phone without noticing the at-fault driver running their red light, you would likely share in the comparative negligence of your case.
Contact an Auto Accident Attorney in NYC
Contact us at Sattler Law Group today to schedule a free case review with a car accident lawyer in New York City! Our staff is able to speak both English and Spanish and you may contact us through our website or (914) 239-4900.
