To file a car accident lawsuit in Buffalo, you must first step outside of New York's "No-Fault" insurance system. This is only possible if you have sustained what the law defines as a "serious injury," your economic damages exceed “basic economic loss,” or another exception applies. Every case is unique.
Once that threshold is met, you generally have three years from the date of the accident to file a lawsuit against the at-fault driver to pursue compensation for pain and suffering and economic losses exceeding your No-Fault benefits, and a Buffalo car accident lawyer can guide you through that process.
While your No-Fault insurance provides an initial cushion, covering up to $50,000 in basic economic loss, this amount is typically insufficient for severe injuries. The costs associated with significant injuries quickly burn through that limit, leaving you to face mounting bills alone. For instance, treatment for a serious injury easily surpasses this cap.
If you have a question about your car accident and what your next steps should be, call us at (716) 444-4444. A conversation today brings clarity to your situation.
Key Takeaways for Filing a Buffalo Car Accident Lawsuit
- You must have a "serious injury" to sue the at-fault driver. New York's No-Fault system generally restricts lawsuits unless your injury meets a specific legal definition, such as a fracture or a condition that significantly limits your daily life.
- Strict deadlines apply to all claims and lawsuits. You have only 30 days to file for No-Fault benefits and a general three-year statute of limitations to file a lawsuit, with much shorter deadlines for claims against the government. Every case is unique.
- You may still recover compensation even if you were partially at fault. New York law reduces your final award by your percentage of fault, so do not assume you have no case if you share some blame.
What Does New York’s "No-Fault" Insurance Actually Cover?
After a car accident in Buffalo, your first source of coverage is your own Personal Injury Protection (PIP) insurance, part of New York’s No-Fault system. This is designed to get money for medical bills and lost wages into your hands quickly, regardless of who caused the crash, and a car accident lawyer can help you navigate what comes next.
The system provides for up to $50,000 for what’s called “basic economic loss.” This includes:
- Necessary medical expenses: This covers costs like ambulance rides, hospital stays, surgery, and physical therapy.
- Lost earnings: You are eligible to recover a portion of your lost wages, up to a certain monthly limit.
- Other reasonable and necessary expenses: This might include funds for household help or transportation to your medical appointments, typically up to $25 per day.
This is the most important part to understand: No-Fault benefits do not compensate you for pain and suffering. They also will not cover vehicle damage. That requires a separate claim against the at-fault driver's property damage liability insurance or your own collision coverage.
A single surgery or a few days in the hospital makes that $50,000 evaporate, leaving you with unpaid medical bills while you're still recovering.
Because of these limitations, the law provides a way to pursue compensation beyond No-Fault. If your injuries are serious enough, you are permitted to file a personal injury lawsuit against the driver who was at fault. We help you determine if your situation qualifies and manage the claim process.
What Determines Your Eligibility to File a Lawsuit? The "Serious Injury" Threshold
Under New York Insurance Law § 5102(d), a serious injury is legally defined and includes conditions such as:
- Fractures: Any broken bone.
- Significant disfigurement: This could include scarring that is readily noticeable.
- Dismemberment: The loss of a limb.
- 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, meaning an injury with lasting, significant effects.
- Significant limitation of use of a body function or system.
- 90/180-day rule: A non-permanent injury that is medically determined and prevents you from performing substantially all of your usual daily activities for at least 90 days during the 180 days immediately following the accident.
Why Medical Records Are Important
Always see a doctor immediately after an accident, even if you feel fine. Some symptoms of injuries like whiplash or internal bleeding might take hours or days to appear, which is common in the common causes of car accidents. Following all medical advice, such as attending every doctor’s appointment and physical therapy session, creates a clear record of your injuries and their impact on your life.
We can work with your medical providers to gather the necessary documentation and build a case that clearly demonstrates you meet the serious injury threshold, opening the door to pursuing the full compensation you may be entitled to.
Are There Deadlines for Filing a Car Accident Lawsuit in Buffalo?
Yes, and they are strict. Missing a legal deadline, known as the Statute of Limitations, permanently bars you from filing a lawsuit, no matter how strong your case is.
Several key deadlines apply to car accident cases in New York:
- Filing a No-Fault Application: You must file an application for No-Fault benefits with the correct insurance company within 30 days of the accident.
- Filing a Lawsuit against a Private Citizen: For most car accident injury cases, you have three years from the date of the accident to file a lawsuit under New York Civil Practice Law & Rules § 214. Every case is unique.
- Filing a Claim Against a Government Entity: This is a much shorter, two-step process.
- Notice of Claim: You must file a Notice of Claim within 90 days of the accident. This applies if your accident involved a city bus, a Buffalo municipal vehicle, or was caused by a dangerous condition on a state-maintained road. Every case is unique.
- Lawsuit: You then have one year and 90 days from the date of the accident to file the actual lawsuit.
What If You Were Partially at Fault? Understanding Comparative Negligence
Many people hesitate to contact a lawyer because they think they might have been partly to blame for the accident. In New York, this does not automatically prevent you from recovering compensation.
New York uses a "pure comparative negligence" rule. This means you still recover damages even if you were partially at fault, which is central to the question car accident can you claim injury. A court will assign a percentage of fault to each party involved. Your total compensation award is then reduced by your percentage of fault.
The at-fault driver’s insurance company will investigate the accident, looking for any evidence they will use to argue you were partially at fault.
Our firm conducts its own independent investigation. We can gather police reports, interview witnesses, and may work with accident reconstructionists to build a case that accurately portrays what happened, ensuring no amount of blame is unfairly placed on you.
Who Else Besides the Other Driver Might Be Liable?
While the other driver is usually the focus, they may not be the only party responsible for your injuries. A thorough investigation sometimes reveals other liable parties who contributed to the accident.
These potential parties include:
- The Driver’s Employer: If the person who hit you was working at the time of the crash (e.g., a delivery driver, a salesperson on a call), their employer may be held liable.
- The Vehicle Owner: If the driver was operating someone else’s vehicle with permission, the owner of that vehicle might also be a party to the lawsuit.
- A Government Entity: If a dangerous road condition like a poorly designed intersection or a large pothole contributed to the crash, a government agency could be held responsible.
- A Vehicle Manufacturer: If a defective part, like faulty brakes or tires, caused or contributed to the accident, the manufacturer could be liable.
- A Bar or Restaurant (Dram Shop Liability): Under New York's Dram Shop Act, if the at-fault driver was visibly intoxicated and was served alcohol by a licensed establishment, that establishment might share liability for the resulting injuries.
What Is the Lawsuit Process Actually Like in Buffalo?
Most people picture dramatic courtroom scenes from television, but the reality is much different and more structured.
The majority of personal injury cases are resolved through a settlement, not a trial, which is a large part of what car accident lawyers do. The process is a series of steps designed to resolve the case, usually without ever stepping into a courtroom.
- Step 1: Investigation and Case Building: We gather evidence, including police reports, medical records, witness statements, and photos.
- Step 2: Filing the Complaint: We file the official legal document, called a "complaint," with the Erie County Supreme Court. This formally begins the lawsuit.
- Step 3: Discovery: This is the information-gathering phase. Both sides exchange documents and evidence. We might take depositions if the case proceeds, which are formal, out-of-court interviews with the parties and witnesses under oath.
- Step 4: Negotiation and Settlement: Throughout the process, we will be negotiating with the insurance company and their lawyers. We will present the strength of your case and demand a fair settlement.
- Step 5: Trial (If Necessary): If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to trial and present it to a jury.
You do not have to manage this process. Your job is to focus on your recovery. Our job is to handle every legal detail from start to finish.
Frequently Asked Questions About Buffalo Car Accident Claims
What if the other driver was uninsured or fled the scene?
Your own auto insurance policy includes Uninsured/Underinsured Motorist (UM/UIM) coverage. This allows you to make a claim with your own insurance company to cover your damages up to your policy limits.
Will I have to go to court in downtown Buffalo?
It's unlikely. As mentioned, most cases settle out of court. If your case did proceed to trial, it would likely be at the Erie County Courthouse, but your presence would only be required on specific days. We handle all other appearances.
How much is my car accident case worth?
There is no simple answer, as every case is unique. The value depends on factors like the severity of your injuries, the total of your medical bills and lost wages, and the impact on your quality of life. We will give you a clearer picture after reviewing the specifics of your situation.
Buffalo drivers can be aggressive. Does that matter in a lawsuit?
A driver's general reputation doesn't matter as much as their specific actions leading up to your crash. We focus on proving specific acts of negligence, like speeding, distracted driving, or running a red light.
Should I accept the first offer from the insurance company?
We generally advise against accepting the initial offer. Initial offers are typically low and may not account for the full extent of your future medical needs or long-term pain and suffering. It's best to discuss any offer with an attorney before accepting.
You Do Not Have to Face This Process Alone
You might think your injuries aren't "serious enough" or that you cannot afford legal help. We handle car accident cases on a contingency fee basis, which means you pay no attorney's fees unless we win a recovery for you. The consultation is always free, so you risk nothing by learning your options.
Let us handle the legal work so you can focus on healing. The first step is a simple conversation. Call William Mattar, P.C. now at (716) 444-4444 to get the answers you need.