Serious vehicle collisions can cause devastating and often fatal injuries. Even a minor crash could result in expensive medical bills, rehabilitation expenses, lost income, and significant property damage. Contact a New York car accident lawyer immediately if you or a loved one were injured in a wreck. A dedicated personal injury attorney could explain the state’s insurance laws, protect you from potential liability, and help you file a claim in court if the insurance coverage cannot pay for your injuries or losses.
Any driver involved in an accident that caused at least $1000 of property damage must file a report with the Department of Motor Vehicles within ten days of the collision. Failure to report a crash could lead to a driver’s license suspension.
Motorists who suffer injuries in a crash must also file a no-fault claim within 30 days of an accident. If an injured passenger was riding in a vehicle with an uninsured driver, they could file a claim with the Motor Vehicle Accident Indemnification Corporation. However, failure to do so within 90 days of a wreck could result in the denial of a claim.
Seeking legal advice soon after a crash could help ensure that an injured driver does not miss critical deadlines for filing a legal claim. An experienced car accident attorney could help an individual file the necessary paperwork and communicate with insurers to increase the chances of a favorable case outcome.
New York laws do not follow traditional legal proceedings in which an at-fault driver bears responsibility for the damages of anyone who suffered losses in a collision. Instead, the state’s no-fault system requires drivers to seek compensation from their insurance provider after an accident. A passenger will submit a claim to the insurer of the vehicle they were riding in, even if it is not their car.
A driver must present proof of insurance to register a vehicle in New York. They must purchase liability insurance coverage, personal injury protection (PIP), and uninsured motorist coverage. The minimum liability coverage for bodily injury to others is $25,000 for each individual and $50,000 aggregate for multiple injured persons. The standard PIP coverage pays for the insured driver’s initial injury expenses and is $50,000.
When a driver suffers injuries in a crash, their PIP insurance will pay their medical costs up to the coverage limit. PIP also will cover 80 percent of lost wages up to $2000 per month for up to three years. However, PIP coverage does not pay for non-economic losses like pain, suffering, disability, or disfigurement.
A hardworking local lawyer could evaluate a person’s insurance coverage policy to maximize their potential recovery after a car wreck.
The no-fault system works adequately when no one suffers a severe injury after a vehicle collision. However, given the cost of healthcare, an injured person could exceed their PIP benefits quickly if their injuries require significant medical intervention. According to New York Insurance Law §5102(d), a person with specific medical conditions or injuries can go outside the no-fault system to file a lawsuit seeking financial recovery from a negligent driver.
For example, an individual is eligible to file a lawsuit if a crash caused certain injuries. Eligible injuries include fracture, dismemberment, permanent loss of function of an organ or bodily system, or a significant mobility limitation. A person can also file a claim if they sustained non-permanent injuries that cause significant limitations or treatment for at least 90 days. A family could also bring a lawsuit if a loved one suffered fatal injuries. Additionally, a lawsuit is applicable if a collision caused a woman to miscarry.
Once the damages exceed the responsible driver’s insurance coverage limits, the negligent motorist may be personally liable for damages. However, collecting damages depend on the driver’s assets and if they can cover an injured person’s damages. An experienced lawyer could investigate a negligent driver’s financial status. Sometimes drivers are not forthright about their assets. Yet, an investigation could reveal whether they have adequate resources to pay a car accident claimant’s losses.
Although car accidents occur frequently, they can be devastating if someone suffers a severe injury. Knowing the proper steps to protect yourself and preserve your rights can prove challenging. But the assistance of a legal team member could effectively guide you every step of the way.
An experienced New York car accident lawyer could help you navigate through the legal system with ease. Call today to speak with a legal professional and get started on your claim.
The Lake Law Firm was founded by Edward J. Lake, Esq., a personal injury lawyer for over 25 years. Our dedicated team of attorneys is committed to seeking justice on behalf of those who have suffered injury or death due to the negligence of others. Our experienced attorneys handle many different types of pharmaceutical drugs, medical devices, and other defective products. The lawyers in our firm have helped collect millions of dollars for their clients. The Lake Law Firm will advocate for you and your rights. Please contact us for a free confidential case evaluation at (888) 274-0139 or submit an inquiry on this page.
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