Car accidents can be a distressing and overwhelming experience, particularly when severe injuries are involved. If you're planning on making an insurance claim for damages and losses incurred in a car accident, it's crucial to understand the process and what you can do to increase your chances of success. In this article, we'll explore several strategies that can help you win your car accident insurance claim.
No-Fault, a lawsuit, or both?
There are two main sources of recovery in New York State for those injured in car accidents. New York's “No-Fault” car insurance system, which was enacted in 1974, allows insurance companies of insured drivers to directly cover costs for policyholders, including minor injuries to parties involved in the accident, medical bills, and lost wages, up to a maximum of $50,000, without taking into consideration who was at fault for the accident. In a way, the no-fault law restricts lawsuits for car accidents.
However, there are certain circumstances where a driver can sue for damages beyond what is covered by the no-fault law. These circumstances arise when the car accident results in "serious injuries," or “basic economic loss.” See Insurance Law § 5104.
Serious injury is defined as a personal injury that results in one of the following: (1) Death, (2) Dismemberment, (3) Significant disfigurement, (4) Fracture, (5) Loss of a fetus, (6) Permanent loss of use of a body organ, member, (7) function or system, (8) Permanent consequential limitation of a body organ or member, (9) Significant limitation of use of a body function or system or (10) Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment. See Insurance Law § 5102(d).
In most circumstances, victims of car accidents will be entitled to recovery under both no-fault, and civil claims. It is important to consult with a personal injury attorney after a car accident so that you are aware of your legal remedies.
How To Increase Your Chances of Winning Your Car Accident Case
Now that you understand New York’s car accident insurance system, let's talk about the steps you should take to increase your chances of winning your case.
The first crucial step in winning your car accident insurance claim is to collect as much evidence as possible. This includes taking photos of the accident scene, documenting any damage to your vehicle, and recording your injuries. Additionally, gathering contact information from any witnesses who saw the accident occur is essential. The stronger the evidence, the better the chance of winning your case.
It's important to seek medical attention as soon as possible after a car accident, especially if you have sustained injuries. This is not only beneficial for your well-being but also provides documentation of your injuries that can be used as evidence in your insurance claim.
If you've suffered injuries in a car accident, it's recommended that you seek the assistance of a personal injury attorney. An experienced attorney can guide you through the claims process, negotiate with the insurance company on your behalf, and ensure that you receive fair compensation for your injuries and losses.
It's important to keep an accurate record of all expenses related to the accident, such as medical bills, vehicle repairs, and other costs. This information can help you receive fair compensation for your losses.
To sum up, succeeding in a car accident insurance claim necessitates proper preparation, meticulous attention to detail, and appropriate legal representation. By following the tips provided in this article, you can enhance your prospects of success and obtain fair compensation for your injuries and losses. If you've been injured in a car accident and are contemplating filing an insurance claim, we advise seeking the guidance of a skilled personal injury attorney to assist you through the process. Yassi law is here to help. If you have been injured in a car accident, contact us via the links below.
Disclaimer: Although I am a lawyer by profession, I am not YOUR lawyer. This article is for informational and educational purposes only, does not constitute legal advice, and does not establish any kind of attorney-client relationship with me. I am not liable or responsible for any damages resulting from or related to your use of this information.