# Damages You Can Claim After a Car Accident in New York

**Table of Contents***[*Expand*]*

1. Which Expenses Does No-Fault Insurance Cover?
2. Can You Claim Pain and Suffering Damages After a New York Car Accident?
3. Can You Claim Lost Income and Future Care Costs?
4. Can You Recover Vehicle Damage and Other Property Losses?
5. What Damages Can Be Claimed After a Fatal Car Accident in New York?
6. How Does Shared Fault Affect Your Compensation?
7. How Does Insurance Coverage Affect Your Claim?
8. What Evidence Helps Support a Damages Claim?
9. How Long Do You Have to Pursue Compensation?
10. How Can Edelman, Krasin & Jaye Help?
11. Talk to Us About Your New York Car Accident Damages

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# What Damages Can You Claim From a Car Accident in New York?

The **damages you can claim from a car accident in New York** may include medical expenses, lost income, property damage, and pain and suffering. Your recovery depends on your injuries, documented losses, responsibility for the crash, and New York’s no-fault rules.

No-fault benefits generally cover initial injury-related expenses. A claim against an at-fault driver may address additional losses, subject to legal requirements. 

A Westbury car accident lawyer can explain which losses you can recover and help you document them.

## Which Expenses Does No-Fault Insurance Cover?

No-fault insurance generally covers qualifying medical expenses, part of your lost earnings, and certain other injury-related expenses, regardless of who caused the crash. Basic coverage provides **up to**$**50,000 per person** in combined benefits, including:

- Reasonable and necessary accident-related medical treatment and rehabilitation.
- Generally, 80% of lost earnings, up to $2,000 monthly for up to three years, subject to applicable offsets.
- Other reasonable and necessary expenses, such as transportation to treatment, up to $25 daily for up to one year.

No-fault does not cover vehicle damage or pain and suffering. At Edelman, Krasin & Jaye, we can review your coverage and explain your available benefits.

For a free legal consultation, call [(800) 469-7429](tel:+18004697429)

## Can You Claim Pain and Suffering Damages After a New York Car Accident?

You can generally claim pain and suffering damages after a New York car accident only if your injuries meet the state’s serious-injury threshold. Qualifying injuries include fractures, significant disfigurement, and significant limitations of a body function or system.

For lawsuits started on or after May 26, 2026, the former category based on limitations lasting at least 90 of the first 180 days no longer applies. Medical evidence must support another qualifying category.

At Edelman, Krasin & Jaye, we review your medical records and how your injuries affect your daily life to determine whether you can pursue these **New York car accident damages**.

## Can You Claim Lost Income and Future Care Costs?

You may claim lost income and reasonably established future care costs from an at-fault driver when those losses fall outside New York’s basic economic loss limits. A lasting injury may also reduce your future earning capacity.

You do not need to meet the serious-injury threshold to recover these economic losses. However, an unpaid bill or denied no-fault claim does not automatically become recoverable from the other driver.

Our attorneys at Edelman, Krasin & Jaye use employment records, medical opinions, and projected treatment costs to help document the additional losses you seek.

[Click to contact](https://ekjlaw.com/contact-us/) our attorneys today

## Can You Recover Vehicle Damage and Other Property Losses?

You can seek payment for vehicle damage and other damaged property through applicable insurance coverage or a claim against the responsible driver. No-fault benefits do not pay these losses.

Collision coverage may pay for repairs, subject to your deductible and policy terms. For a total loss, payment generally reflects the vehicle’s actual cash value before the crash. Keep repair estimates, photographs, receipts, and evidence of your vehicle’s condition and value.

Complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/) now

## What Damages Can Be Claimed After a Fatal Car Accident in New York?

**Damages you could claim after a fatal car accident in New York** may include funeral expenses and the financial support and services surviving family members have lost. The estate’s personal representative brings the wrongful death claim.

A separate survival claim may address losses the person experienced before death, including conscious pain and suffering when supported by evidence. These claims compensate different losses and have separate legal requirements. 

At Edelman, Krasin & Jaye, we can explain who may bring each claim and what evidence is needed.

## How Does Shared Fault Affect Your Compensation?

Shared fault can reduce your compensation and, for certain car accident injury lawsuits, prevent recovery if your responsibility exceeds the combined responsibility of the defendants.

For injury lawsuits subject to **New York’s no-fault law**and started on or after May 26, 2026, that comparison determines whether recovery is barred. If recovery is allowed, your damages are reduced by your percentage of fault. Property damage claims remain subject to proportional reduction without this new injury-claim restriction.

Our lawyers at Edelman, Krasin & Jaye review crash reports, witness accounts, and other evidence before advising you about fault.

## How Does Insurance Coverage Affect Your Claim?

Insurance coverage affects which policies can pay your claim and how much each insurer may owe. Policy limits do not necessarily equal the full amount of your losses.

If the responsible driver has no insurance or insufficient coverage, uninsured or supplementary uninsured/underinsured motorist coverage may cover an eligible injury claim. At Edelman, Krasin & Jaye, we review the available policies and their requirements.

Separate legal limits can also apply. Certain at-fault drivers who were uninsured, convicted of impaired driving, or convicted of a felony connected to their driving face a $**100,000 cap** on non-economic damages, subject to statutory exceptions.

## What Evidence Helps Support a Damages Claim?

Medical records, income documents, repair estimates, and receipts help support a damages claim by showing the losses caused by the crash. Useful records include:

- Medical records and bills documenting your injuries and treatment.
- Pay records showing missed work and reduced earnings.
- Repair estimates and photographs documenting property damage.
- Medical opinions addressing future treatment and physical limitations.

Keep records of ongoing expenses and follow your medical provider’s advice. Our team at Edelman, Krasin & Jaye can help identify the evidence you need to support your **car accident damages claim in New York**.

## How Long Do You Have to Pursue Compensation?

You generally have **three years**from a New York car accident to file a personal injury lawsuit; a wrongful death lawsuit generally must be filed **within two years of death**. Exceptions can change these deadlines.

You generally must give the insurer written notice of a no-fault claim within 30 days of the accident, unless you provide an acceptable written justification for the delay. Contact our attorneys early so we can identify the deadlines that apply to your claim.

## How Can Edelman, Krasin & Jaye Help?

At Edelman, Krasin & Jaye, we help you understand **what damages you can claim from a car accident in New York** by reviewing your injuries, financial losses, insurance coverage, and evidence of fault.

We have recovered over half a billion dollars for clients. Prior results do not predict future outcomes. A founding partner’s insurance-side experience informs our approach to injury claims. Learn more about [Edelman, Krasin & Jaye](https://ekjlaw.com/about-us/) and our attorneys.

## Talk to Us About Your New York Car Accident Damages

Contact Edelman, Krasin & Jaye to discuss your compensation options and the next steps in your claim. We offer f**ree consultations in person**, by Zoom, and can travel to meet you if needed.

We provide 24/7 access and welcome your questions. 

Call or text [(800) 469-7429](tel:+18004697429) or complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/)

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