By Rosenberg & Rodriguez PLLC

07/20/2019 Auto Accidents in New York


In New York, we have no-fault law, which provides for payment of medical bills, time lost from work, and other incidental expenses. These payments are made without regard to who was at fault for the accident. New York is one of 12 states with a no-fault insurance program. No-fault automobile insurance is intended to cover injuries you suffer because of the accident as long as you were not under the influence of drugs or alcohol, or involved in other criminal behavior.

Your own insurance company will pay for your personal injuries up to the limits of your policy. You will not have to file a lawsuit against the other party’s insurance company in order to pay for medical expenses, and other damages, including lost earnings. You can call your insurance carrier and file a claim.

If you were involved in a collision, you must report it as soon as possible to your insurance company. In order to claim no-fault benefits, you must report the collision within 30 days. Your insurance company will start an investigation of your case, and a claims adjuster will get in touch with you. The adjuster will likely ask you for a copy of the police report, take pictures of your automobile, call the other motorists, speak to any witnesses to the accident, request that you sign a medical release form to look over your records, call your health care professional, and ask you to obtain estimates regarding damage to your vehicle.

How to handle settlement offers
After conducting an investigation of your accident, in all likelihood, the insurance company will try to arrive at a settlement agreement with you. However, do not feel compelled to accept any settlement offers from your insurance company. If you are unable to reach a settlement, you have the option to file a lawsuit.

You also have the right to sue for personal injury damages in excess of no-fault coverage. For instance, you can file a lawsuit claiming the following losses:

1. Medical expenses and other financial losses in excess of $50K
2. Pain and suffering if you sustain an injury that results in considerable disfigurement, a fracture, or other types of significant injury as set forth under the no-fault law
3. Injury resulting in a fatality


If you suffered an injury in a motor vehicle accident, call the personal injury attorneys at Rosenberg & Rodriguez. They will conduct an investigation into the facts of your case, and endeavor to obtain the maximum amount of damages to compensate you for your loss.


Source

http://www.state.findlaw.com

http://statelaws.findlaw.com/new-york-law/your-new-york-car-accident-the-basics.html