Can You Sue for a Rear-End Collision?

If you were involved in a rear-end accident that was caused by the negligence of another driver and you suffered a serious injury you can file a lawsuit against the negligent party to recover compensation for your losses. The damages you’re entitled to can depend on the circumstances of your accident and the state you reside in.

What is Personal Injury Protection Coverage?

In a no-fault state, drivers are required to carry personal injury protection coverage (PIP). In the event of a motor vehicle collision, a driver will file a claim with their own insurance company. PIP coverage does not include compensation for non-economic damages, such as pain and suffering, loss of consortium, or emotional distress. It also does not cover property damage.

To recover compensation for non-economic damages, the driver must file a lawsuit.

Pursuing Compensation After a Motor Vehicle Collision

When you’re involved in an auto accident in Florida or New York, you must first file an insurance claim with your own insurer. If you suffered a serious injury, you may be eligible to file a lawsuit to recover any damages not fully covered by PIP insurance, as well as compensation for non-economic damages. A car accident lawyer can review your case to determine whether you should pursue a lawsuit.

Suing After a Rear-End Collision in New York

In New York, you can only file a personal injury lawsuit after a rear-end accident if you sustained a serious injury.

A serious injury can include:

• Bone fractures/broken bones
• Loss of fetus
• Loss of organ
• Disfigurement
• Dismemberment
• Permanent loss of bodily function

A serious injury is one that affects your ability to carry out daily activities for longer than 90 days.

Unlike filing a personal injury protection claim, a lawsuit will allow an accident victim to recover compensation for non-economic damages, such as pain and suffering.

Suing After a Rear-End Collision in Florida

Florida, like New York, is a no-fault state. After a rear-end accident, the injured party can file an insurance claim with their own insurer. However, if the accident victim sustained a serious injury, they may be eligible to file a lawsuit. Like New York, personal injury protection coverage does not include compensation for non-economic damages, such as emotional distress. By filing a lawsuit, the accident victim can recover compensation for damages not fully covered by PIP insurance and compensation for non-economic damages.

What Damages Does PIP Cover?

New York:

PIP coverage helps pay for medical costs and lost wages. If an accident victim cannot carry out daily living activities due to the injuries sustained in the accident, PIP coverage may pay for some services.

Florida:

Personal injury protection insurance will cover:

• 80% of necessary and reasonable medical costs
• 60% of lost wages up to $10,000

What Are Common Causes of Rear End Accidents?

Rear-end collisions are usually caused by the driver in the rear following too closely.

Other common causes of rear-end collisions include:

• Distracted driving
• Inclement weather
• Sudden stops
• Speeding
• Dangerous road conditions
• Tailgating

Most causes of rear-end accidents are avoidable. Because of this, courts often rule in favor of the leading vehicle.

Contact Us Today!

At Friedland & Associates, our car accident lawyers have extensive experience handling complex auto accident claims and know how to negotiate with insurance companies to help you recover the compensation you deserve. If you were injured in an auto accident and your insurance company is refusing to pay you the settlement you deserve, contact us today to schedule a free consultation.