According to the New York State Department of Health, almost 850 car accident victims required emergency treatment and over 80 were hospitalized in Nassau County each week in 2014. These accident victims face a difficult road when it comes to their physical, emotional, and financial recovery. Fortunately, victims have options to recover compensation.
Goldstein & Bashner is well aware of the struggles accident victims may face and are eager to help. Call a car accident lawyer in Roosevelt today: 516-874-4362.
What insurance do New York drivers need to have?
Under New York law, all drivers must have minimum coverage including:
- $50,000 total per accident personal injury protection;
- $25,000 bodily injury liability /$50,000 for wrongful death for an individual
- $50,000 bodily injury liability/$100,000 for wrongful death for two or more people
- $10,000 per occurrence property damage protection
Who pays my expenses after an accident?
New York is one of 12 states that has a “no-fault” car insurance system. This means that a driver files with his/her own insurance company first, regardless of who was at fault for the crash.
You must notify your insurer within 30 days of the accident by filing an application for personal injury protection (PIP) benefits. Also, make sure that you submit your healthcare bills within 45 days and your lost wage claim within 90 days. Failure to submit your claims on time will result in a loss of benefits.
Your no-fault benefits will continue up to the limit as long as your medical provider can verify that you still require medical treatment. If your insurer has doubts about your treatment, it may require you to see an independent physician to evaluate your treatment plan and current medical condition.
If that physician finds that you do not require treatment, your insurer may deny your benefits. Remember that your insurer is focused on saving money rather than your medical needs.
It is easy to jeopardize your claim by falling for your insurer’s tricks. We have years of experience fighting insurers and know what to expect.
What happens if I exceed my coverage limits?
Serious injuries can easily exceed the $50,000 PIP coverage limit. If that happens, you may have access to additional no-fault benefits if a relative in your household also has PIP benefits.
If another party caused the accident, you can file a lawsuit against him/her. Filing a claim against the at-fault driver will give you more money to pay your medical bills and allow you to recover compensation for pain and suffering and other non-economic damages.
Even if you are entitled to compensation from the at-fault party, to step outside the no-fault system, you must first prove you sustained a serious injury. Serious injury includes the following:
- Bone fractures
- Permanent disability or significant limitation of use of a body organ or system
- Substantially full disability for 90 days
- Significant disfigurement
If my injury is serious enough, how do I file a personal injury claim?
If you suffered one of the injuries listed above, New York’s statute of limitations allows you three years from the date of the accident to file your claim against the at-fault driver.
In order to file a successful claim, you will need to prove that the other driver was liable for your injuries. The best way to do this is to prove negligence. This requires you to show that the driver owed you a duty and that the breach of the duty caused your injuries.
Generally, motorists owe a duty to everyone else on the roadways to behave responsibly behind the wheel. This duty requires drivers to adhere to traffic laws, follow traffic signs, and not behave recklessly or negligently while driving.
A breach of this duty can occur when the driver engages in negligent or reckless behavior. Some of these behaviors include, but are not limited to:
- Distracted driving (e.g., texting, talking on the phone, daydreaming)
- Drowsy driving
- Drunk driving
- Failure to stop at traffic lights
- Poor vehicle maintenance (e.g., broken taillight)
- Following too closely
You will have to present evidence to prove that the other driver breached their duty. Police reports, witness testimony, and expert testimony can help establish the negligent actions of the other driver.
In order to prove causation, you will have to show that you suffered injuries that would not have occurred but for the other driver’s negligence. You will also need to prove your damages. Expert testimony and medical records will help you establish the causation and damages elements of your claim.
Recovering Damages after an Accident
If you have suffered a serious injury in a car accident, you know how expensive things can get. Filing a claim after an accident is critical to the recovery process for you and your family. If your claim is successful, you may recover damages for:
- Medical care and other medical expenses
- Lost wages
- Loss of future earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Mental and emotional damage
Whether you need to appeal your insurer’s denial of benefits or file a claim against the at-fault driver, a trustworthy car accident attorney at Goldstein & Bashner can handle your case.
Our team has managed countless car accident cases just like yours and know exactly how to conduct an investigation and present evidence to help you recover the damages you deserve. We are ready to review your case free of charge.
Contact us at 516-874-4362 for more information on filing your accident claim.