The state of New York has no-fault car insurance. This means that if you’re injured in a car accident, you usually need to file a claim with your own car insurance company to get reimbursement for your medical expenses, lost wages, and any other losses. In some cases, the at-fault driver may be responsible for the injured victim’s damages.
Don’t admit fault for any accident before you speak with a lawyer because they can help you determine the best course of action. Learn more about the claims process in New York after a car accident.
Claims With Your Insurance Company
It’s best to start the claims process as soon as possible after you determine you sustained an injury in a vehicle accident. Since New York is a no-fault state, start the process by opening a claim with your own insurance company unless your attorney has advised you to do otherwise.
New York requires drivers to carry car insurance that offers a minimum of $50,000 in no-fault personal injury protection coverage. Some insurance policies require you to pay a deductible before coverage begins. This insurance should help you get the treatment you need.
Your car insurance company will pay for the medical treatment you need and will cover other financial losses if your injury doesn’t meet the requirements of a “serious injury” under New York law. If you suffer a serious injury in a car accident that was entirely your fault, your insurance is responsible for payment.
Claims With Another Driver’s Insurance Company
New York residents can file a third-party car insurance claim with another at-fault driver’s insurance company if the victim’s injuries qualify as serious injuries according to New York law.
The law states that an injury sustained in a car accident may qualify as a serious injury so the victim can step outside the no-fault insurance system if the injury led to significant disfigurement, a bone fracture, significant limitation of a body function or system, permanent impairment of a limb or an organ, or substantially full disability for at least 90 days.
If your injury meets at least one of the criteria for a serious injury, you can begin the claims process with the at-fault driver’s insurance company to get compensation for your medical expenses and other monetary losses.
Lawsuits and Comparative Negligence
Sometimes insurance companies offer settlements that are too low or refuse to pay for certain losses under your claim. If you’ve suffered a serious injury under the law and can’t get a fair settlement directly from the insurance company, you can consider filing a personal injury lawsuit with the appropriate court to collect damages.
New York is a comparative negligence state. This means that if your case goes to trial, the judge or jury will determine the percentage of fault each driver had in the accident. If you are found to be partially at fault, the court will reduce the amount of the damages you’re awarded by your fault percentage.
Seek the help of an experienced attorney if you intend to file a personal injury lawsuit. Your lawyer can help you gather the documentation and other evidence you’ll need to prove the extent of your injuries and the fault of the other driver. A lawyer will help you get the compensation you need.
Siben & Siben LLP has experienced attorneys that can help clients in the greater Long Island, New York area with nearly any type of legal matter, including personal injury cases. If you or a family member has been seriously injured in a vehicle accident caused by another driver’s negligence, contact us to schedule a free consultation appointment to discuss your case.