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Do I Have To Go to Court After a Car Accident in NYC?

Most car accident victims never go to court after a crash in New York, NY. According to the U.S. Department of Justice, only 3% of injury cases reach a trial verdict. You have very low odds of going to court for a car accident case, even if you file a lawsuit.

And in New York State, you may not even file a lawsuit. New York’s no-fault insurance system limits the accident victims who are even eligible to file a lawsuit. After minor injuries, you will deal with your own insurer instead of filing against the at-fault driver’s insurer.

If you’re interested in more specific legal advice, call the Law Offices of Jay S. Knispel Personal Injury Lawyers at (212) 564 2800 to schedule a free consultation.

How the Law Offices of Jay S. Knispel Personal Injury Lawyers Can Help After an Accident in New York, NY

The Law Offices of Jay S. Knispel Personal Injury Lawyers was established in 2007 to help New York, New York, accident victims get fair injury compensation. Our New York car accident lawyer has over 25 years of experience handling injury cases, including several years defending insurers against injury claims.

We have used this knowledge about how insurers handle car accidents to secure tens of millions of dollars in injury compensation for clients. When you hire the firm, you will receive:

• A former insurance defense attorney with insight into the tactics insurers use
• A seasoned litigator who stands up to huge insurance companies to fight for you
• An aggressive negotiator who can resolve your case quickly and fairly

Insurers often fight to avoid paying legitimate injury claims. To discuss how a lawyer can help you win fair compensation from the at-fault driver and their insurer, contact the Law Offices of Jay S. Knispel Personal Injury Lawyers for a free consultation.

How Often Do Car Accident Cases Go to Court in New York?

New York uses no-fault insurance. Under this system, all car owners in the state must buy personal injury protection (PIP) coverage in their auto insurance policies. When injured in an accident, they receive compensation for up to $50,000 in basic economic losses like medical bills and missed paychecks.

Importantly, PIP benefits get paid regardless of who caused the crash. In exchange for this guarantee of injury benefits, accident victims lose the right to sue for car accidents except in two situations:

• Their basic economic losses totaled more than $50,000
• They suffered a permanent injury, including a fatality, disfigurement, or disability

Even if they are eligible, accident victims might never go to court because they:

• Chose not to file a claim and paid with health insurance and personal assets
• Caused the accident
• Suffered injuries in a single-vehicle crash
• Settled their claim without filing a lawsuit

Unlike many state courts, New York courts do not release the number of car accident cases filed every year. But you can estimate the number of accident cases based on injury data released by NYC.

If you run a query on the NYC Open Data portal, you will find that NYC car accidents in 2022 killed 285 and injured 51,883. Many of these accident victims did not file injury claims for the various reasons above. But this information tells you that the maximum number of injury claims that could have been filed for 2022 crashes was over 52,000.

Reasons You May Go to Court After a Car Accident

Many clients wonder, “do I have to go to court after a car accident in NYC?” Most accident victims will not go to court. You will probably begin your pursuit of injury compensation by filing a claim for benefits under your PIP coverage. These benefits will cover the losses you have from minor injuries.

But if you suffered a serious injury, you can often pursue compensation from the at-fault driver. If this happens, you will file a claim with their auto insurer. The insurer will assign an adjuster to the claim.

The adjuster must balance two interests:

• Satisfying the insurer’s duty to pay valid claims
• Paying the lowest amount possible to save the insurer’s money

In many cases, your attorney and the claims adjuster will find common ground and settle the case without ever filing a lawsuit. But if they cannot bridge their differences, you may need to file a lawsuit. Filing a lawsuit allows you to meet the deadline set in the statute of limitations. It also pressures the insurer to settle or risk a big jury award.

After you file your lawsuit, your attorney will continue to try to settle the case. And in 73% of lawsuits, statistically speaking, your attorney and the insurer will still reach a settlement. But in a small minority of cases, the insurer will fundamentally disagree with your legal or factual positions, and you will go to court so a jury can resolve the disagreement.

Schedule a Free Consultation With Our NYC Car Accident Lawyers

A lawyer needs negotiating skills and experience to avoid going to court. To discuss your claim and how an attorney can help, contact the Law Offices of Jay S. Knispel Personal Injury Lawyers. Our experienced New York City car accident attorney can help you every step of the way.