6. Speak to a New York Personal Injury Attorney
New York operates under a unique set of laws, and understanding these laws is a preliminary first step in getting full compensation for your car accident claim. A New York personal injury attorney can provide invaluable support by evaluating your claim, dealing with insurance companies, and building a strong case. Insurance adjusters often aim to minimize payouts; a skilled car accident attorney can anticipate their tricks—and secure fair compensation for your medical bills lost wages, and pain and suffering.
Here are just a few of the challenges of bringing a case before a New York court that a competent car accident attorney will be able to help with:
New York’s “Pure Comparative Negligence” Rule:
New York operates from a “pure comparative negligence” standard, which allows you to recover damages even if you are partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault, making it essential to have an experienced attorney who can present your case effectively and maximize your recovery.
New York’s Statute of Limitations
Personal injury attorneys will be able to work within New York’s strict statute of limitations, ensuring that all necessary paperwork and filings are completed on time. For personal injury and property damage claims, you have three (3) years from the date of the accident to file a lawsuit for personal injuries. Wrongful death claims must be filed within two (2) years of the date of death. Failing to meet these deadlines can seriously compromise your case.
New York’s “No-Fault” Insurance System
Under New York’s no-fault system, you must file a no-fault claim with your own insurer within 30 days of the accident. No-fault benefits cover medical expenses and lost wages up to $50,000 but do not include pain and suffering. If your damages exceed no-fault limits or involve serious injuries (e.g., disfigurement or significant impairment), you may pursue additional compensation through a personal injury lawsuit.
Finally, attorneys have access to professional networks, including medical experts and accident reconstruction specialists, who can provide critical evidence to strengthen your claim. This comprehensive approach not only increases the likelihood of a favorable outcome but also allows you to focus on recovery while your attorney handles the legal and procedural burdens.
To speak to a car accident attorney in New York, call 516-745-5490.
7. Notify Your Insurance Company
The last step—but a step no less crucial than the others—is to notify your insurance company. As mentioned above, New York operates under a no-fault insurance system, which means your own insurance company will cover medical expenses and lost wages regardless of who caused the accident. You have 30 days to file a no-fault claim for your injuries.
To ensure compliance with your policy, you should notify your insurer as soon as possible after the accident. When you report the accident, stick to factual details when describing the accident to your insurer. Do not speculate about what happened; let investigators determine fault based on evidence.
Read More: Minimum Auto Insurance Requirements in NYC
