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Section 5102(d) provides that the following types of injuries qualify as ?Serious Injuries?: (i) Death, (ii) dismemberment, (iii) significant disfigurement, (iv) a fracture, (v) loss of a fetus, (vi) the permanent loss of use of a body organ, member, function or system, (vii) a permanent consequential limitation of a ...
In most instances, the statute of limitations "clock" starts running on the day the property damage occurs. So a New York property owner usually has three years from that date to get any civil lawsuit filed against the person who caused the damage.
The statute of limitations in New York for a personal injury action, including those involving car accidents, is three years. The timeline begins running on the date the accident occurred. However, there are certain circumstances under which the statute of limitations may be much shorter.
Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.
In order to pursue your claim, you must file a lawsuit in court within 1 year and 90 days of the date of the incident. The Comptroller's Office cannot settle claims after 1 year and 90 days have passed or after a lawsuit has been filed.
As New York is a no-fault state, it will not matter who caused the car accident when it comes to your insurance company paying your medical bills and lost wages. The average amount that injured parties receive in car accident settlements is around $28,000.
But the value of a case is unique for every accident, which means it's hard to know how much your case is worth until you consult an experienced car accident lawyer. However, the average New York car accident settlement is considerably higher than in other states: about $287,000.