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The season’s first snowfall transforms New York into a picturesque winter wonderland. But as the snow piles up and icy patches become hidden hazards, what started as a routine drive can quickly spiral into a nightmare. As your car skids on an icy intersection or another driver loses control and crashes into you, the aftermath leaves you shaken and injured. You’re likely overwhelmed with questions. Does car insurance cover snow accidents? Who will cover the damages? How do I handle medical expenses? What steps do I take next?
Below, the Greenspan & Greenspan Injury Lawyers team explains your rights and how insurance companies handle snow-related accidents.
Does Car Insurance Cover Snow Accidents in New York?
Most car insurance policies cover car accidents in the snow, but the level of coverage varies based on your policy and the accident circumstances.
Liability Coverage
Under New York law, all drivers must carry minimum liability coverage. The other party’s property damage and medical costs will be covered by your liability insurance up to the limits of your policy if you cause an accident because of snowy or icy conditions.
Collision Coverage
Collision coverage pays for repairs or replacement of your car if it’s damaged in a crash, regardless of fault, whether involving another vehicle or an object like a tree or wild animal. This coverage is optional but essential for dealing with icy road crashes, providing crucial financial protection in unpredictable winter conditions.
Personal Injury Protection (PIP)
PIP insurance, mandated by New York’s no-fault laws, covers medical bills, lost wages, and other associated costs for all drivers involved in an accident, regardless of who caused it. This insurance ensures that victims of car accidents in snow can receive immediate support without waiting for a liability determination.
However, there are exceptions to the no-fault rule. Under New York State law, you can sue the at-fault driver for damages if you’re seriously injured.
Comprehensive Coverage
Comprehensive coverage may be necessary if winter weather causes damage unrelated to a collision, such as your car colliding with a falling tree branch. This also covers theft and vandalism.
While these coverages offer critical protection, disputes often arise when determining fault or whether specific damages are covered. That’s where the skill and legal knowledge of a New York ice and snow accident lawyer becomes invaluable.
Steps to Take After Car Accidents in the Snow
Your actions immediately after a snow-related crash can significantly impact your insurance claim and any potential legal case. Follow these steps to protect your rights:
- Prioritize your safety. If possible, move to a safe location and check for injuries. Call the police and emergency services to report the accident and request medical assistance.
- Document the scene. Take photos and videos of your injuries and the accident scene, including vehicle damage, skid marks, road conditions, and any contributing factors like snow piles or black ice.
- Exchange information. Collect contact and insurance details from all drivers involved. Don’t forget to gather contact information from witnesses.
- File a police report. If an accident in New York results in injury, death, or property damage over $1,000, you must report it. A police report can serve as valuable evidence for your claim.
- Notify your insurance company. Promptly report the accident to your insurer, but avoid making detailed statements until consulting an attorney.
- Consult a lawyer. Our New York snow and ice accident lawyer can guide you through the claims process, handle negotiations, and build a strong case if litigation becomes necessary.
These steps will support a successful claim and improve your chances of receiving adequate compensation.
Your Rights After a Snow-Related Accident in New York
Victims of car accidents due to snow have legal rights to seek compensation for their injuries and losses. Depending on the circumstances, you may be entitled to:
- Medical expenses—including emergency care, hospital stays, physical therapy, and future medical needs;
- Lost wages—income lost from missed work during your recovery and loss of earning potential if you can’t return to the same job;
- Pain and suffering—compensation for the physical and emotional toll of the accident; and
- Property damage—repairs or replacement of your vehicle and other personal property damaged in the crash.
Under New York’s comparative negligence rule, you can recover damages even if you were partially at fault. Your compensation, however, will be reduced in proportion to your percentage of fault. For example, suppose the court determines that you were 20% responsible for a car accident due to driving too fast in snowy conditions and awards $100,000 in total damages. Your compensation would be reduced by 20%, and you would receive $80,000.
Determining Fault in Icy Road Crashes
Establishing fault in car accidents in the snow can be challenging because adverse weather conditions blur liability lines. However, under New York law, drivers are still responsible for operating their vehicles safely, regardless of weather conditions. Courts and insurers will often evaluate factors such as:
- Speed and control. Was the driver traveling at a speed appropriate for the snowy or icy conditions? By law, drivers must reduce speed to avoid accidents during hazardous weather.
- Following distance. Did the driver leave enough space between vehicles for extended stopping distances on icy roads?
- Maintenance of the vehicle. Were the tires and brakes in good condition, as New York’s vehicle safety inspection laws required?
- Driver behavior. Was the driver distracted, impaired, or otherwise negligent?
When icy roads contribute to an accident, insurance companies may argue that weather was solely to blame, attempting to reduce payouts. A skilled attorney can counter these claims by demonstrating how the other party’s negligence played a critical role, such as speeding or failing to clear snow from their vehicle.
Can I Sue the City If Poor Snow Removal Caused My Accident?
Yes, municipalities in New York are responsible for maintaining safe road conditions, including timely snow and ice removal. However, filing a claim against the government involves strict deadlines, such as filing a Notice of Claim within 90 days of the accident.
Why You Need a New York Snow and Ice Accident Lawyer
Dealing with the aftermath of a snow-related accident is overwhelming—especially when insurance companies try to dodge responsibility. At Greenspan & Greenspan Injury Lawyers, we’ve spent decades fighting for victims, recovering millions, and building a legacy of trusted advocacy.
We dig deep into the details, uncover evidence, and resist lowball offers to get you the compensation you deserve. With our contingency fee policy, you pay nothing unless we win.
Don’t Let Icy Roads Derail Your Future. Get Justice
Our compassionate and knowledgeable team works on a contingency fee basis, meaning you don’t pay unless we win. Contact us today for a free consultation, and let us turn your snowy setback into a path toward justice.
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