Every year, roughly 15,000 pedestrians get injured by motor vehicles in New York City. Another 3,000 die. Knowing the nuts and bolts of who pays for accidents is essential if you are a pedestrian, especially in our no-fault state.
Much will depend on whether you meet the serious injury threshold for your accident or injury, which will determine whether you can sue and who pays for the accident.
Pedestrians Who Don’t Meet the Serious Injury Threshold
Even if a motor vehicle strikes a pedestrian, the pedestrian must meet New York’s serious injury threshold to sue. To meet this threshold, you must suffer one of the following:
- Suffering more than $50,000 in economic losses
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Permanent loss of a body organ, member, function, or system
- Suffering permanent consequential limitation of a body organ, member, or system
- Suffering an injury that leaves you impaired for 90 out of the 180 consecutive days immediately following an accident
New York’s no-fault laws kick in if you do not meet the threshold. The entity that pays will depend entirely on whether you have car insurance.
Pedestrians Who Own Cars
If you own a car, it should be insured. You’re legally required to carry car insurance if you own a car.
Assuming you comply with the law, you can claim with your insurance company. They will pay up to $50,000 in medical bills and lost wages via your Personal Injury Protection (PIP) policy.
Pedestrians Who Don’t Own Cars
Many pedestrians don’t own cars or insurance policies. If that’s true for you, you can make your claim with the Motor Vehicle Accident Indemnity Corporation (MVAIC).
To claim with MVAIC, you must report the accident to the police within 24 hours or as soon as reasonably possible. Of course, we recommend calling the police to the scene when you are hit.
You must also report the accident, fill out the proper forms, and send proof of New York residency to MVAIC within 90 days of the accident.
Once you need to involve MVAIC, it is usually a good idea to involve an injury lawyer as well. MVAIC can be a bureaucratic nightmare; they’re looking for reasons to reject your claim.
Pedestrians After Meeting the Serious Injury Threshold
If you meet the serious injury threshold, you can launch a lawsuit and should call a lawyer immediately. We can help you navigate the entire personal injury process and can help ensure that you’re compensated fully.
If a hit-and-run driver struck, you would still have to claim from MVAIC. Hiring a lawyer right away can help you meet the applicable deadlines and maximize your chances of receiving compensation.
Personal Injury Law is Complex
If you or a loved one have been injured, getting help from a qualified personal injury attorney is vital. The process of recovering compensation can be challenging to navigate.
Schedule a free consultation with our office today to get the help you need to make the most of your injury case.
See also:
What is a Serious Injury in New York?
