What Every New Yorker Should Know About Winter Car Accidents
Winter driving in New York can be absolutely beautiful, but it comes with added risks. Snow, ice, reduced visibility, and slick road conditions significantly increase the likelihood of car accidents—especially during storms or early morning commutes when the sun has yet to rise. Even the most experienced and cautious drivers can find themselves involved in a collision when winter weather takes a turn.
If you’ve been involved in a winter car accident, you may be wondering what insurance covers, whether weather affects fault, and what options you have if your injuries or vehicle damage aren’t fully compensated. These are common and valid concerns. Below, I’ll walk you through how winter accidents are handled under New York law and what steps you may need to take to protect your claim.
For more information or legal representation, please consider reaching out to my personal injury law firm in Garden City. I'd be happy to answer any questions and guide you through the insurance claims process. Your first consultation is free!
New York Is a No-Fault State
One of the most important things to understand about car accidents in New York is that we are a no-fault insurance state. This means that after an accident, you typically turn to your own Personal Injury Protection (PIP) coverage first—regardless of who caused the crash.
No-fault insurance generally covers medical expenses, a portion of lost wages, and reasonable transportation costs related to medical care. However, these benefits are capped. If your injuries are serious or your expenses exceed your policy limits, no-fault coverage may not come close to covering your total losses.
When injuries meet New York’s “serious injury” threshold, or when damages go beyond no-fault limits, accident victims may need to pursue compensation through the at-fault driver’s insurance or by filing a personal injury lawsuit. These cases require careful investigation and an understanding of how liability applies in winter conditions.
While living in a no-fault state can, in a way, make it simpler to get immediate financial compensation, it can often fail to cover all your expenses especially if you have been seriously injured. Because of this, many accident victims find it necessary to either push back on their insurance provider to cover more of their out-of-pocket costs, pursue an insurance settlement through the other driver’s insurance, or file a personal injury claim.
Liability for Weather-Related Negligent Behavior
Bad weather does not excuse careless driving. In fact, New York law expects drivers to adjust their behavior based on road and weather conditions. When pursuing a claim against another driver, the key question is whether they exercised reasonable care under the circumstances.
Examples of winter-related negligence may include:
Driving too fast for snowy or icy road conditions
Failing to maintain a safe following distance
Not clearing snow or ice from windows, mirrors, or headlights
Losing control due to worn tires or inadequate traction
Ignoring hazardous conditions or weather warnings
If a driver fails to adjust to winter conditions and causes an accident, they can still be held liable for resulting injuries and damages.
Tips for Driving in Winter Weather
While not every accident is preventable, drivers are expected to take additional precautions during winter months. Insurance companies and courts often look at whether reasonable safety measures were taken before and during a drive.
Important winter driving precautions include:
Clearing all snow and ice from your vehicle before driving
Ensuring proper tire pressure and adequate tread
Reducing speed and increasing following distance
Braking gradually and avoiding sudden movements
Checking weather and road conditions before traveling
Keeping an emergency kit in your vehicle
Snowplows also require special care—never attempt to pass one, and always maintain a safe distance.
When Insurance Companies Don't Offer a Settlement
Winter accident claims are often more heavily disputed. Insurance companies may argue that weather conditions—not driver negligence—caused the crash, or they may claim you failed to drive cautiously. These arguments are frequently used to reduce or deny compensation.
Insurance companies are focused on limiting payouts, not protecting your interests. If your injuries are serious or your expenses exceed what insurance is offering, you may need legal help to challenge a low settlement, gather supporting evidence, and pursue full compensation.
Contact My Firm
After a winter car accident, the last thing you should have to deal with is negotiating with insurance adjusters or figuring out legal deadlines while you’re trying to recover. Accidents are traumatic, even if you manage to escape with only minor injuries.
If you’ve recently been in a car accident due to winter weather conditions, but are unsure of who was at fault or your next steps, call me at the Law Office of Steven R. Smith. I’ve built my practice to focus solely on personal injury and accident cases, and pride myself on avoiding costly litigation whenever possible and pursuing fair settlements instead. I proudly serve clients throughout Long Island, Hempstead, Westbury, Mineola, and New Hyde Park, New York.