In New York, we are a no-fault state. That doesn’t mean that there isn’t fault involved in a car accident. It merely means that you are covered for your injuries by your own insurance coverage up to the limits of your policy, regardless of who is at fault for the accident. But that doesn’t take away the responsibility of the driver who caused the accident — and your injuries. Before you make any decisions, it is important to speak with a Brooklyn car accident lawyer to understand all your options.
No-Fault Insurance Rules
Under no-fault insurance rules, your insurance, specifically the personal injury protection and medical benefits part of your policy, will pay for any medical costs or damages for anyone who is covered by your policy. But there will be times when you need to look to the at-fault party to compensate you for some things that are not covered under your policy.
In order to look to the at-fault party for additional compensation outside your own PIP, under New York’s no-fault rules, your injuries must qualify as “serious.” In New York, serious injury means:
● Death
● Disfigurement
● A bone fracture
● Loss of a fetus
● Permanent loss of an organ or limb
● Significant limitation of a bodily function or system, or
● Substantial disability for 90 days
How Comparative Fault May Affect Your Claim
In addition to this, under our comparative fault laws, when you file a third-party claim, you will only be entitled to compensation based on the percentage of fault of the other driver. If you are found partially at fault for the accident, your compensation will be reduced by that amount.
Does all this sound complicated? Yes!
If You Have Been Seriously Injured
When you have been seriously injured, you aren’t in a position to fight with insurance companies to get fairly compensated or argue about who was more at fault. Although retaining a lawyer in a minor car accident in New York City may be totally unnecessary, it can be critical if you have been seriously injured.
What An Attorney Will Do For You After an Accident
Your attorney will be your skilled legal advocate after an accident. Unlike an insurance adjuster, the attorney will thoroughly investigate your accident to assess the full and accurate value of your damages, both in the present as well as the future. These costs can include
● Medical costs
● Doctor visits
● Medications
● Special medical equipment
● Specialized nursing care
● Physical therapy
● Future medical attention as it may be needed for your injuries
● Lost wages
● Lost earning capacity if your injuries have affected your ability to go back to your old career
● Pain and suffering and other non-economic damages
Get the Legal Assistance of a NY Personal Injury Lawyer if You Have Been Seriously Injured in a Car Accident
If you have been seriously injured in a car accident in New York, whether you were at fault or not, you should get the assistance of an experienced New York personal injury lawyer to ensure that you get fairly compensated for your injuries. At the Law Offices of Denis Davydov, we offer a free consultation to discuss your damages and your claim to help you get the settlement you deserve. You never pay legal fees unless we recover compensation on your behalf. Contact us today.
