If your car insurance company denies your personal injury protection (PIP) claim, you have the right to appeal the denial. While the state’s no-fault laws should allow you to recover compensation from your own insurer, unfortunately, the PIP claims process does not always go smoothly.
Our injury law firm recommends that you consult with an experienced and dedicated car accident lawyer as soon as possible after an accident. It has been our experience that many problems that can arise in the PIP/No-Fault claim process can be avoided when a claimant is properly guided from the start.
Some claimants choose to process a claim on their own and only after their car insurance company denies their PIP claim, do they first seriously consider contacting a Long Island car accident lawyer. Obviously, it is typically easier to avoid a problem than to fix the problem, which is, in large part why we suggest car accident injury victims, (including drivers, passengers, pedestrians, and bicyclists,) take advantage of a free consultation, so they can best understand their rights, obligations and options.
Given that most personal injury law firms provide free consultations, as mentioned above, you should be able to speak to someone knowledgeable at no cost to you or your family. Such a law firm can also handle your car accident case (that is, the case against the at-fault driver or others for damages not covered under PIP/No-Fault,) with no upfront fees.
Based on our decades of experience, there is no good reason not to have a free legal consultation as soon as possible, and proceeding without counsel increases the risk that a claimant’s rights will be compromised. We hope you will agree as we will welcome your call.
- 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
Sometimes, insurers drag their feet, delay claims, or otherwise make it difficult to recover the compensation due to you based on your policy. When this occurs, an attorney will review your options and offer legal advice.
For a free legal consultation, call 516-932-0400
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
Not all car accident lawsuits go to trial. If yours does, an attorney from our firm will be ready to represent you. A settlement might be possible before trial if the at-fault driver’s insurance carrier is willing to negotiate.
It is also worth noting that property damages do not fall under PIP coverage. If another motorist caused your accident, you could file a fault-based claim with their insurance company to pay for the damage to your car. You could also demand compensation for your property damage as part of a personal injury lawsuit.
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.
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
The types of damages you are eligible to recover depend on the details of your car accident case. Our team will gather evidence that proves you deserve compensation for the losses you suffered.
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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
Car accident lawyers usually work on a contingency-fee-basis. They will go to work on your case with no upfront fees. They do not track their work by the hour, either. You will pay attorney’s fees as a percentage of the money they recover in the case. They only charge if they secure a settlement or court award on your behalf.
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.