If you have been injured in an accident, you may feel like there is no way out or that pursuing legal action would only make matters worse. The reality is that if you have been injured in an accident, you not only deserve rightful compensation, but you also have the right to pursue it. Taking legal action against the negligent party does not affect your insurance or your reputation. By holding the other party accountable, you are taking direct action to deter them from harming someone else in the future. Keep reading to learn more.
New York Car Insurance Rules
In the state of New York, drivers are required to maintain a minimum insurance amount on any registered vehicle. Because of this, the state establishes coverage guidelines for insurers to protect policyholders in the event of an accident.
The insurance system operates on a principle of “no-fault” meaning drivers do not have to prove fault in order to get coverage. Instead, the insurance company pays the policyholder’s medical bills and other losses after an accident. So, instead of getting the other driver’s insurance information in the hopes that they will pay for the damages, your insurance company is responsible for covering costs regardless of who may be at fault for the accident.
Under the no-fault rule, insurance companies must include coverage for:
- You or anyone driving your car
- Reasonable and necessary medical bills
- Pedestrians hurt by your vehicle
- Up to $25 a day for up to a year of expenses from accident-related injuries
- 80% of lost income up to $2,000 per month for up to three years
- $2,000 to the estate to cover a person killed in a car accident
Because of this system, car accident claims for pain and suffering are not permitted by the insurance company. In other words, only monetary damages are covered by the insurer. Additionally, these rules only apply to injuries, not vehicle damage. To recover compensation for vehicle damage, you can file a claim against the driver responsible for your accident.
Serious Injury Defined
Insurers are required to cover medical bills, but you can pursue further legal action if you sustain serious injuries. According to the law, a serious injury may include the following:
- Bone fractures
- Significant limitation of bodily systems or functions
- Permanent disfigurement
- Full disability for 90 days
- Permanent limitation of use of an organ or member
Essentially, any injury that results in permanent impairment, disfigurement, or requires significant time from work to heal, is a serious injury. If your injury is severe, you are legally within your right to pursue a personal injury claim against the other party for economic damages, pain and suffering, and other losses.
Car Accident Claims
If you have a serious injury from a car accident, you can pursue a personal injury claim against the driver responsible for the accident. Filing a PI claim means that instead of leaving the cost of the accident to the insurer, you are taking the other party to court so a judge can decide to award more damages for your injuries and any property damage that may have resulted from the accident.
The most important factor in these cases is negligence. This is a legal term that refers to the willful recklessness of one party that results in the injury or death of another. A driver is considered negligent if they ignore traffic signals, driving while intoxicated, use devices while driving, speed, or drive recklessly by not using signals and changing lanes without rhyme or reason.
If there is significant evidence to suggest that the other party was negligent, you are likely to receive the compensation you deserve.
Let Us Help You Get the Compensation You Deserve
The Law Office of Seni Popat, P.C. believes that those injured due to negligence deserve an advocate who will fight for their interests. Our attorney can investigate the circumstances surrounding your accident and build a case on your behalf.
Get the peace of mind you need and schedule a consultation with the Law Office of Seni Popat, P.C. today!