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Being involved in a car accident can be a traumatic and overwhelming experience, especially if you sustain an injury or significant property damage. Depending on the circumstances of the collision, you may be entitled to substantial compensation for the damages you’ve incurred. Unfortunately, auto accidents often result in property damage. While property damage is usually relatively minor, that’s not always the case. In some cases, the damage can be so extensive that the vehicle is rendered out of commission for weeks or even months, significantly impacting various aspects of the victim’s life. They may face difficulties commuting to work, transporting their children to school, or managing other essential daily tasks. Please continue reading to learn how no-fault laws work in New York and how a trusted New York City Car Accident Attorney can help safeguard your rights. 

Is New York a No-Fault State?

In New York, motorists must carry at least $10,000 in liability coverage. New York is a no-fault state, meaning motorists injured in auto accidents can be reimbursed for their losses by their insurance company. However, no-fault benefits don’t cover property damage. This means that lawsuits resulting from auto accidents can only be filed for economic losses that exceed the no-fault benefits. Accident victims must file a claim with the at-fault driver’s insurance company to be compensated for property damage.

Can I Seek Compensation for Property Damage in an No-Fault State?

In a personal injury claim, you can seek monetary compensation for your economic damages, which covers your “out-of-pocket” injury-related expenses. This includes lost wages, medical bills, property damage, childcare, transportation, and rehabilitation costs. It’s crucial to understand that “property damage” refers to any financial losses you incur due to damage to your vehicle or other personal property. A personal injury claim can provide you with compensation for losses such as the cost of vehicle repairs, reimbursement for the cash value or fair market value of the vehicle if it’s declared a total loss by the insurance company, or incidental expenses like car rental fees or other alternative transportation expenses you incur while waiting for repairs or a replacement vehicle. Nevertheless, these claims don’t include any monetary award for bodily injuries sustained in a collision.

If your property has been damaged or destroyed because of someone else’s negligence, it’s in your best interest to consult an attorney as soon as possible. At Swerling Law, we are prepared to help you navigate your legal options and effectively represent your interests. Contact our legal team today to learn how we can assist you in attaining the justice you deserve.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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