
In This Article
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- Understanding New York Car Accident Law
- Suing the At-Fault Driver After a Claim Denial
- When You Should Consider Contacting a Car Accident Lawyer
- Recoverable Damages in a Car Accident Case
- How Will an Attorney Handle Your Insurance Claim Denial?
- Discuss Your Car Accident Claim With Our Team for Free
Understanding New York Car Accident Law
New York has no-fault auto insurance laws. All drivers must, at a minimum, purchase personal injury protection (PIP) coverage with a limit of $50,000. This provides coverage for your accident-related medical bills and lost income up to the policy limit. (You also have an option to purchase “Additional PIP” which will increase the amount you are covered for.) When someone suffers injuries in a crash, they typically file a claim with their PIP provider to get the money they need to cover their medical expenses and some of the income they lost. While this is a no-fault policy, there are numerous reasons why insurance carriers deny PIP claims. The reasons for such a denial may include but are not limited to the following:- You did not make a timely payment for your auto insurance policy
- You did not submit your application for No-Fault benefits (the “NF-2” form,) within the time permitted
- You failed to attend an “E.U.O.” (i.e., examination under oath,) which the carrier has the right to hold to authenticate the substance of your claim
- You did not file a particular claimed item on time
- Your injuries did not occur in a collision
- The insurance carrier claims that your insured car is principally garaged somewhere other than where you advised them at the time you purchased the policy
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Suing the At-Fault Driver After a Claim Denial
Car accident victims have the right to sue the at-fault driver for damages when:- They suffer serious injuries that meet New York’s “serious injury” threshold
- Their injuries exceed the $50,000 limit of their PIP policy
When You Should Consider Contacting a Car Accident Lawyer
You might consider contacting a car accident lawyer immediately after your collision. We will review the limits of your PIP insurance policy, help you file your claim, and explain your other legal options. If you suffered serious injuries or your recoverable damages eclipsed the limits of your PIP policy, a lawsuit is likely possible in your case. An attorney will review your options and determine if this is the best next step. There is only a limited amount of time to sue in New York under New York Civil Practice Laws & Rules § 214. Depending upon the specific facts of your accident, a shorter statute of limitations may apply. In any event, in addition to the statute of limitations, practical considerations, such as gathering evidence (e.g., witness statements, surveillance and dashcam video, etc.,) strongly favor acting quickly to connect with a law firm after your accident. The sooner you reach out to a personal injury law firm, the greater your lawyer’s opportunity to build the strongest case possible on your behalf. We strongly suggest that you do not until your car insurance company denies your claim to hire an attorney. As discussed above, we believe it is in your best interest to consult with experienced, dedicated legal counsel as soon as possible after your accident. When you work with our firm, we will guide you through the legal process, make sure you avoid any steps that will compromise your rights, and ensure that you’re aware of what to expect.Click to contact our personal injury lawyers today
Recoverable Damages in a Car Accident Case
After a car insurance claim denial, your legal options will depend greatly on the circumstances of your case. Your attorney will explain the types of damages you are eligible to recover. In car accident cases, these often include:- Medical bills, current and future
- Related care costs
- Income losses
- Diminished earning capacity
- Pain and suffering
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How Will an Attorney Handle Your Insurance Claim Denial?
When you enlist the guidance of a car accident attorney, they will take the necessary steps to manage your case and fight for justice. They will:- Provide regular updates on your case
- Identify the at-fault driver and any other liable parties
- Handle all communication related to your case
- Investigate the crash and gather evidence to support your case
- Determine an appropriate value for your settlement
- Work tirelessly to win the best possible case outcome for you
Discuss Your Car Accident Claim With Our Team for Free
At Friedman & Simon, L.L.P., our team offers complimentary initial case consultations for car accident victims. If you were hurt in a crash, we meet people on Long Island and elsewhere in the New York metropolitan area. We will answer your questions and discuss your options for compensation. We also have multilingual staff members who will assist you in Spanish, Greek, Bengali, Tamil, or Kannada if needed. Talk to one of our passionate advocates for the injured today. Call us to connect with our team during a free consultation.Call or text (516) 932-0400 or complete a Free Case Evaluation form