Separate from the ticket and the criminal case
A ticket and a criminal charge are brought by the government, while a car accident civil lawsuit is between private parties and is about money. The proof standards are different, so a driver can be acquitted of a charge and still be found responsible in a civil case, which asks what is more likely than not. How a guilty plea to a traffic ticket can be used in the civil case has its own rules, so anyone involved in a crash with injuries should talk to a lawyer before pleading to a ticket. The civil case also does not have to wait for the criminal one, and you should not assume its filing deadline pauses while the criminal case is pending. Claims for pain and suffering in New York usually have to clear the serious injury threshold, whatever happened with the ticket.
Bringing the lawsuit yourself
Choosing defendants is one of the first real decisions. An owner who lent the car with permission is generally answerable for the driver under New York law, while rental and leasing companies are largely shielded by a federal law unless they were negligent themselves. An employer may be responsible for a driver who was on the job. Where the case is filed affects the court, the jury pool, and the pace of the matter. Before filing, we compare the available insurance with your losses, because a lawsuit against a driver with modest coverage and no other source may not lead where you expect.
If you have just been served
Send the papers to your insurer right away, along with the date you received them. The time to answer a civil complaint is short, and missing it can lead to a default. Most auto policies require the insurer to provide and pay for a defense, and the lawyer it assigns represents you. If the insurer sends a letter reserving its rights, or the amount demanded is well above your limits, consider having your own lawyer review the case alongside defense counsel. Do not contact the person suing you or discuss the crash on social media. In a first meeting we read the complaint, check your coverage, and identify any deadline already running.
