New York Car Accident Lawyer
New York Car Accident Lawyer
Similar to 12 other states, New York uses a no-fault system for auto accidents. After an accident, an injured driver must turn to her own insurance provider for coverage, regardless of fault. However, an accident victim may be eligible to file a claim against the at-fault party as well. Read on to learn more about this process, and be sure to speak with a Primerus New York car accident lawyer.
New York Car Accident Attorney With Proven Track Record of Success
Lawmakers originally developed the no-fault theory of auto accident compensation to simplify and expedite the recovery process for injured victims, thereby cutting down on the influx of smaller personal injury lawsuits in the New York courts. Accordingly, injured people must work directly with their own insurance provider to obtain compensation for medical expenses and other costs related to the accident.
However, sometimes this is not enough, and victims may need to look beyond the no-fault insurance system for adequate compensation.
In New York, car accident injury victims may step outside the insurance process if they sustain a “serious injury” as defined by Section 5104(a),(b) of the New York Insurance Law. In essence, this law allows an injured plaintiff (or surviving family member) to file a lawsuit if the damages are in excess of $50,000 or involve any of the following:
- Permanent loss of use of a bodily organ or system
- Permanent limitation on the use of an organ or system
- Injury of a non-permanent nature which prevents the plaintiff from engaging in typical daily acts for a period of at least 90 days out of the 180 days after the accident
In order to file a successful lawsuit, you must set forth sufficient evidence to prove that the defendant owed you a duty of care, breached that duty of care in some way, and the breach caused your injuries and damages. Evidence you need to gather may include:
- Police reports
- Photos of the accident scene
- Medical records
- Eyewitness statements
Contact a New York Car Accident Lawyer
You will file your PIP claim with your insurer first. This covers medical expenses, 80 percent of your lost wages, and even $25 per day to hire help around the house. You will fill out and submit NYS Form NF-2, New York Motor Vehicle No-Fault Insurance Law Application for Motor Vehicle No-Fault Benefits.
If your damages are in excess of $50,000 or you meet the standards outlined previously, you can file a lawsuit. Be sure to file your lawsuit as soon as possible as victims have only three years from the date of the accident to file a lawsuit.
From there, be sure to seek the counsel of a qualified New York car accident attorney before accepting any settlement offers or payouts as insurers are known to lowball accident victims with offers that do not necessarily reflect the true value of the case. If the insurer refuses to offer you a fair settlement, you can take your case to a New York court for resolution.
Speak with an Experienced New York Auto Accident Attorney
For those with serious injuries, working with an attorney from the outset is a vital component to maximizing recovery and ensuring the best possible outcome. A New York auto accident attorney can help you every step of the way – from filing the claim and gathering evidence to taking over communication with adjusters and representing you in court.
To schedule an initial consultation or to discuss the circumstances of your auto accident, contact a New York car accident attorney to determine if you have a claim.