Do Insurance Companies Cover Parking Lot Accidents in New York?

Insurance companies in New York are required to cover medical costs and losses sustained by their policyholders in parking lot accidents, even if the policyholder was responsible for the accident. This coverage applies up to the limits of the policyholder's personal injury protection (PIP) coverage, which varies depending on the specific policy.

Who is at fault in parking lot accidents?

New York is a no-fault insurance state, meaning that drivers must carry personal injury protection (PIP) coverage as part of their auto insurance policy. This coverage pays for medical expenses, lost wages, and other related costs in the event of an accident, regardless of who was at fault.

New York state law mandates that all drivers maintain a minimum level of liability insurance coverage. As of 2021, the minimum requirements are $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage per accident. However, many drivers choose to purchase higher levels of coverage for added protection.

The no-fault insurance system in New York is governed by a complex set of regulations and deadlines. For example, accident victims must file a no-fault claim with their insurance company within 30 days of the accident to be eligible for benefits. Additionally, there are strict deadlines for submitting medical bills and other documentation related to the claim. Failure to adhere to these regulations and deadlines can result in the denial of benefits.

Who has the right of way when pulling out of a parking spot?

Drivers backing out of a parking space must yield to all other traffic, including vehicles in the through lanes and pedestrians. Drivers entering a parking space should be aware of pedestrians and other cars, especially if someone is backing out, and give them space to do so safely.

If a driver backing out of a parking space collides with a vehicle in the through lane, the driver backing out is likely to be found at fault because they failed to yield the right of way. If a driver in the through lane strikes a pedestrian who is walking behind a vehicle backing out of a parking spot, the driver in the through lane may be held liable, but this depends on the specific circumstances, such as whether the pedestrian was negligent.

If two drivers backing out of parking spaces collide, both drivers may be found accountable for the accident because both failed to exercise proper caution and ensure it was safe to back out. There is no rule that the driver who began backing up first has the right of way. Instead, both drivers are responsible for checking their surroundings and ensuring it is safe to back out. If there is no clear evidence as to which driver began backing up first, fault may be more difficult to determine, and both drivers may share some responsibility for the accident.

In summary, as a general rule, drivers in the through lanes have the right of way, and drivers backing out of parking spaces must yield to them.

What Happens When the Damage is Higher Than What Insurance Covers in New York?

In some cases, the damages and injuries sustained in a parking lot accident may exceed the limits of the at-fault driver's insurance coverage. When this happens, the accident victim may need to explore other options for recovering compensation.

One option is to file a personal injury lawsuit against the at-fault driver. If the victim can prove that the other driver was negligent and that their negligence caused the accident and resulting injuries, they may be able to recover damages through a civil lawsuit. However, this process can be lengthy and expensive, and there is no guarantee of success.

Another option is to turn to the victim's own insurance policy. Many drivers in New York carry additional coverage options, such as underinsured or uninsured motorist coverage, which can provide compensation if the at-fault driver's insurance is insufficient to cover the damages. For example, if the at-fault driver's insurance policy has a limit of $50,000, but the victim's injuries and losses amount to $100,000, the victim's underinsured motorist coverage may provide additional compensation up to the limits of their policy.

In some cases, the parking lot owner or property manager may also be liable for the accident if they failed to maintain the property in a safe condition. For instance, if the parking lot had large potholes, inadequate lighting, or other hazardous conditions that contributed to the accident, the property owner may be held responsible for the resulting damages. In these cases, the victim may be able to file a premises liability claim against the property owner to recover compensation.

Ultimately, when the damages in a parking lot accident exceed the available insurance coverage, it is essential to work with an experienced attorney like us who can explore all potential sources of compensation and develop a strategy for maximizing the victim's recovery.

Parking lot accidents can be particularly complex in New York due to the state's no-fault insurance system. Under this system, drivers must first turn to their own insurance company for coverage of medical expenses and lost wages, regardless of who was at fault for the accident. However, there are many exceptions and limitations to this rule, and it can be difficult for accident victims to navigate the claims process on their own. For example, if an accident victim sustains a serious injury that meets certain thresholds, they may be able to step outside of the no-fault system and pursue a liability claim against the at-fault driver. Additionally, there are strict deadlines and documentation requirements that must be met in order to receive no-fault benefits.

Because of the complexity of New York's no-fault insurance system, it is often necessary to hire an experienced attorney to navigate the claims process and ensure that accident victims receive the full compensation they are entitled to. Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. You can call us at 212-233-1233 or send us an email at [email protected]. We represent clients throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.