Can You File a Claim After a Single-Vehicle Accident in New York?
If you were injured in a car accident in New York and your vehicle was the only one involved, you may assume you do not have a valid claim. That’s a common belief—but it isn’t always true. While drivers can be responsible for single-vehicle accidents, liability does not automatically fall on you simply because no other vehicle crashed.
If you believe that your accident was caused by a dangerous condition outside of your control, you should contact an attorney to assist you with filing a single-vehicle accident claim. Give me a call at the Law Office of Steven R. Smith in Garden City to set up a free consultation and learn about your legal options.
When a Single-Vehicle Accident Is Not Your Fault
Single-vehicle accidents often occur when a driver loses control, strikes an object along the roadway, or swerves suddenly to avoid a hazard. While these situations may look straightforward at first, they frequently involve outside factors that shift liability away from the driver.
Examples include:
Swerving to avoid another driver who was speeding, distracted, or driving the wrong way
Striking debris or an object that was left in the roadway
Crashing due to a dangerous or poorly maintained road condition, e.g. a pothole
Losing control because of missing signage, inadequate lighting, or improper construction zones
A vehicle malfunction caused by a manufacturing or mechanical defect
For example, if you swerved to avoid a distracted driver and crashed—even if your vehicle was the only one damaged—that other driver may still be responsible. The same is true when unsafe road conditions or equipment failures contribute to the accident.
Who May Be Liable in a Single-Vehicle Accident?
Depending on the cause of the crash, liability may fall on a person or entity other than the driver, including:
Another motorist whose actions forced you off the road
A city or municipality responsible for road maintenance
A construction company or contractor
A property owner responsible for hazards near the roadway
A vehicle manufacturer or repair shop
Identifying the correct liable party requires a careful investigation. Your attorney can help gather evidence, review police reports, speak with witnesses, and determine whether a third party should be held accountable.
Will My Insurance Cover the Damages?
Yes, but it may not cover everything you need it to. New York is a no-fault insurance state. This means your own insurance company will generally cover your basic economic losses, regardless of who caused the accident.
All New York motorists are required to carry at least $50,000 in Personal Injury Protection (PIP) coverage. PIP may cover:
Medical bills related to the accident
Up to 80% of lost income (subject to limits)
Reasonable transportation costs for medical treatment
A small death benefit paid to the estate
This coverage applies even if you were at fault, and it also protects passengers and certain pedestrians. However, PIP only covers economic damages. It does not compensate you for pain and suffering or other non-economic losses.
When Can You Seek Compensation Beyond PIP?
PIP coverage is often not enough, especially in serious injury cases. You may be able to pursue additional compensation if:
Your injuries meet New York’s serious injury threshold.
The accident was caused by a dangerous condition or third-party negligence.
A vehicle defect or maintenance failure played a role.
In these situations, filing a personal injury claim may allow you to recover compensation beyond what your insurance provides.
What to Do After an Accident
If you believe your accident was caused by something outside your control, taking the right steps early can help protect your claim:
Seek medical attention, even if injuries seem minor.
Contact law enforcement and obtain a police report.
Take photographs of the scene, including road conditions and debris.
Gather witness information from anyone who saw what happened.
Avoid discussing fault with insurance companies before speaking to an attorney.
Get the Guidance You Need
If you’re unsure whether you have a case, call me at the Law Office of Steven R. Smith. I can go over your options, help you collect evidence, and work with the other party’s representation to come to a settlement. With my 30 years of experience with car accident claims, I’m confident that I can represent you effectively in court.
Don’t wait to start the single-vehicle accident claims process. Contact the Law Office of Steven R. Smith, serving New York City and Long Island (including Hempstead, Westbury, Mineola, and New Hyde Park), to make an appointment today.