A car accident 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 car accident attorneys 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 a car 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 our attorneys in New York City may be able to help.
New York Auto Insurance Law
New York is a “no-fault” state, meaning if you get into a car accident, you file a claim with your insurance company, not the insurance provider for the driver who was at fault for the accident. 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.
If you have an concerns about the payout from you insurance company or would like to file a liability claim against the driver who caused the accident, our car accident attorneys in New York have experience with no-fault insurance cases, and may be able to help with your claim.
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 a car accident attorney by your side gives you the best chance of receiving that compensation.
In addition, Morgan & Morgan attorneys allow you the chance of receiving compensation without breaking the bank on a lawyer - our contingency fee basis means we only get paid a reasonable fee if we win your case.
To build the most effective case we can, our New York attorneys 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: The first thing one our attorneys will do is evaluate the strength of your potential lawsuit by gathering and reviewing all available evidence concerning the accident. This entails interviewing witnesses of the accident, taking photographs of the accident site, and reviewing any video surveillance footage that is available. Additionally, our attorney’s will obtain and review any police reports filed after the accident.
In cases where the accident was caused by the negligence of another driver, our attorneys will attempt to gather whatever information is needed to win your case. For example, in a case where the negligent driver was texting while driving, our attorneys will subpoena mobile phone records to confirm the they were using a mobile device behind the wheel of their motor vehicle.
Work with Medical Experts: In car accident lawsuits, our attorneys 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 accident 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 like New York 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, our attorney are more than willing to prepare for trial to try and recover the compensation. Unlike other firms who try and get their lawyers to avoid going to trial, our attorneys relish the opportunity. They 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.
Contact Morgan & Morgan About Your Car Accident Case
If you have been hurt in a car accident caused by someone else’s negligence in New York, contact Morgan & Morgan. We can help you determine your next steps. For a free, no-obligation evaluation of your case, fill out our review form.