New York Car Accidents
A car crash goes beyond just an inconvenience. Injuries, even minor ones, leave you with medical bills — not to mention the cost of repairing or, in worst-case scenarios, replacing your vehicle. It’s difficult to deal with, especially considering how dangerous driving in major cities can be.
This is especially true in New York. Our city’s tight roads, assertive drivers, and thick traffic — in all five boroughs— make for some of the most dangerous driving conditions in the country. Our Morgan & Morgan have handled tens of thousands of cases and may be able to help you recover the compensation you require to get your life back on track.
If you have been in an automobile accident and are unsure about the next step or have received what you believe to be an unfair settlement offer from your insurance company, you may want to consider hiring an attorney. Fill out a free, no-obligation case evaluation to find out exactly how Morgan & Morgan New York, PLLC may be able to help.
New York Auto Insurance Law
If you get into a car wreck in New York, you file a claim with your insurance company, not the insurance provider for the driver who was at fault for the crash. This type of insurance is known as personal injury protection (PIP).
Because your own insurance company will be paying out your claim, what they will cover depends on the type of policy you have. New York calls for a minimum policy each driver is required to have, but it will not cover all of your costs. PIP may help with medical bills and lost wages, but only up to a certain amount, and a basic policy in New York will not cover the cost of repairs or a new vehicle.
However, if you were injured and the accident was the fault of another driver, you may be able to file a claim against the negligent party. If you sustain a disability or something deemed a “serious injury,” you may be able to file a personal injury lawsuit.
Filing a liability claim will make you eligible for more compensation for medical expenses and lost wages, but also opens up the possibility for pain and suffering damages, something the insurance company will never pay.
Highlighted Accident Type: Rear End Collisions
Nearly one-third of all accidents are rear-end collisions. These collisions are often caused by speeding, distracted driving and tail gaiting. In New York, a rear end accident creates a presumption that the driver who struck from behind is 100% at fault. This means that the other driver will be determined to be at fault unless there are extenuating circumstances for the accident such as a sudden stop or cutover from another lane. Although drivers may claim "non-negligence" if they collide with a car from behind, the law states that drivers must leave a safe stopping distance given the weather and road conditions so this claim is often denied.
While rear-end collisions often happen at low speeds making fatalities rare, they do often cause injuries. The most common types of these are:
- Back and Spinal Cord Injury
- Broken Bones
How Can a Car Accident Attorney Help Me?
If you’ve been seriously injured, you deserve a chance to get the compensation you need for your medical expenses, both present and future. Having an automobile crash attorney by your side gives you the best chance of receiving that compensation.
To build the most effective case we can, our lawyers go to work on a thorough, expansive investigation process to show the severity of your injury and how much you are owed in compensation as a result. This investigation can include:
Gather Evidence: This entails interviewing witnesses of the wreck, taking photographs of the accident site, and reviewing any video surveillance footage that is available. Additionally, our lawyers will obtain and review any police reports filed after the crash.
Work with Medical Experts: In motor vehicle accident lawsuits, our lawyers often work with medical experts to determine the severity of a victim’s injuries. This entails preparing a report detailing the medical treatments – and related costs – that may you may have required to recover fully. If your case ends up going to trial, the medical expert may be called upon to explain to a judge and jury exactly how the car wreck caused your injuries.
Communicate and Negotiate with Insurance Companies: In states without no-fault insurance it is not recommended that you give a statement to the other person’s insurance company. However, states with PIP often require people to cooperate with the insurance company or risk having their benefits denied.
Prepare for Trial: If the negotiations in your case do not produce an acceptable settlement, Morgan & Morgan is more than willing to prepare for trial to try and recover the compensation. Our attorneys have vast amounts of experience in the courtroom and are more than happy to prepare for trial if that’s what it takes to get you the compensation they deserve.
What Compensation Might I Be Eligible for?
Unless you are filing a liability claim, PIP insurance will only cover medical expenses and in some cases, lost wages but only up to a certain point. If you meet the requirements to file a liability claim against the at-fault driver, you may eligible for PIP benefits on top of what has already been paid, as well as for pain and suffering and other general damages.