Personal Injury Protection
New York is one of only a handful of states in the country that use a no-fault, or personal injury protection (PIP) insurance, system to distribute coverage after a car accident. Since an individual’s liability does not normally come into question in a no-fault state, someone injured in a car accident will rely on his or her own insurance provider to take care of medical damages. This does not mean that no issues will arise with a typical auto accident case, and a personal injury lawyer’s input or guidance may still be necessary.
If you were hurt by a negligent driver on Long Island, you can turn to our New York motor vehicle accident attorneys at The Law Offices of Farid Ahmed. Our law firm has a history of successful case results and a reputation for putting our clients’ needs first. We know that no one plans to get into a car accident – that is why we make ourselves available 24 hours a day, 7 days a week for our clients. Our goal? To provide you with aggressive, determined representation that is crafted to get you the compensation you deserve.
Filing A Claim
As long as your motor vehicle insurance policy caps can pay for your damages, a judge will likely throw out any car accident claim you attempt to file directly against the driver that struck you, even when it is clear the accident was entirely his or her fault. Exceptions do exist that would allow you to file such a direct claim: your damages exceed your coverage amount or your injuries are considered “serious.”
After being in a motor vehicle accident, you should see your doctor as soon as possible, if it was not done immediately after the collision. You should also speak to an attorney to discuss matters with your insurance company. Under the “no-fault” rules of New York, you should begin collecting damage payments for any of your medical expenses. However, if your doctor has deemed that you suffered “serious injuries” as defined in the state’s legal statutes, you will also be given the opportunity to file a claim against the other driver. With the help of the skilled legal team at our firm, you can rest assured, knowing that we will fight for the maximum amount of compensation you are owed for your serious injury.
An injury is considered serious if it causes:
- Permanent or outwardly noticeably disfigurement
- Bone breaks or fractures
- Permanently limits the use of a body part
- Drastically limits the use of a body part for any amount of time
- Causes full-body debilitation for at least 90 days
It is worth noting that property damage is no subject to New York’s no-fault insurance regulations. If your automobile was wrecked or just dented in any traffic collision, there are no laws in place to stop you from filing a claim against the negligent party. This applies to all forms of property damage as well, including real estate property and the items in your car that might have been destroyed in the crash.
UM/UIM Coverage Options
Due to the nature of no-fault insurance, your standard PIP insurance policy should include uninsured (UM) coverage already, which will help you financially if you are struck by a driver that is not a current car insurance policyholder. You likely do not have any underinsured (UIM) coverage, which is optional in New York and is not offered by all insurance companies. UIM coverage will provide you with a raised damage cap if struck by someone who will not be able to pay you for missing damages after an accident. UIM coverage usually costs an additional monthly premium but it is often worth adding it to a policy. Consider speaking with your auto insurance provider about your options, just in case.
Act Quickly & Seek Full Compensation
Whether you have the grounds to file a claim against a negligent driver or not, New York statutes of limitations only give you 30 days to file an application with your insurance company.
Without an application filed, you might not be able to file a personal injury claim later, if the need arises. Do not take the risk of missing your chance at compensation by delaying to file.
Reach out to our New York motor vehicle accident attorneys at The Law Offices of Farid Ahmed by calling (718)637-1111 and asking about a free initial consultation.