Experienced Lawyers Assist Victims with the New York Car Accident Claims Process
What to expect when filing a car accident claim in Brooklyn and throughout the area
Depending on the severity of your auto accident, you might be dealing with the annoyance of doctor’s visits and insurance adjusters or coping with a life-changing catastrophe. In any event, you want to complete the claims process promptly while still enforcing your rights to full, fair compensation. Unless you retain a capable attorney to represent you, there’s a risk that delays or mistakes with your claim will frustrate your attempts to move forward. At Goldberg Sager & Associates in Brooklyn, we understand the New York car accident claims process. We’ve helped clients get satisfaction on countless claims, either by a negotiated settlement or a civil lawsuit. Our accident attorneys have the knowledge and skill to pursue the optimal result you deserve.
How car accident claims work in New York
New York is a no-fault insurance state, which means that unless there is a major injury, accident victims file a claim with their own carrier rather than the insurer for the at-fault driver. State law requires licensed drivers to carry personal injury protection coverage for their own injuries, as well as property damage coverage. In a no-fault claim, you do not have to demonstrate that someone else caused the accident.
The process consists of three steps:
- Fill out a no-fault application Form NF-2
- File the application with your insurer within 30 days of the accident
- Notify the NYS Motor Vehicle Accident Indemnification Corporation of your claim
The process should be straightforward. However, filing a claim puts you in an adversarial relationship with your insurance company. For this reason, it’s often best to retain the services of a Brooklyn auto accident attorney who will fight for what’s in your interests.
What damages are covered by insurance?
In New York, basic PIP coverage provides $50,000 to pay for the following losses:
- Medical and rehabilitative costs
- As much as 80 percent of lost earnings from work, with a limit of $2,000 per month, for three years
- Up to $25 per day for up to one year to reimburse other related expenses
In addition, PIP provides a $2,000 death benefit for fatal accidents.
Drivers are also required to carry a minimum of $10,000 in property damage insurance, which can be used to repair or replace a vehicle.
When a civil lawsuit may be required
Unfortunately, given the costs of medical care and automobiles, damages from New York City vehicle accidents can easily exceed insurance levels. Under state law, an auto accident lawsuit can be filed against a negligent motorist in wrongful death cases, when total economic losses exceed $50,000 or for what is defined as a serious injury, which includes:
- Dismemberment
- Significant disfigurement
- Bone fractures
- Loss of a fetus
- Permanent loss or limitation of a bodily function
- Loss of a body part
- Injury that prevents a person from performing normal daily activities for at least 90 out of 180 days following the accident
Victims of serious injuries are also eligible to recover compensation for pain and suffering. However, civil lawsuits require the plaintiff to prove fault on the defendant’s part.
Factors that can make a car accident claim more complicated
Car accident claims become complicated due to several factors:
- Uninsured drivers
- Out-of-state drivers without no-fault insurance
- Catastrophic injuries
- Disputes over liability
- Uncooperative insurance adjusters
When a case might require substantial litigation, insurers often make lowball offers and delay the process to wear claimants down. In these cases, an experienced accident attorney is critical to advise on the true worth of your case and to push back against insurance companies more worried about their bottom line than your well-being.
