Being injured in a car crash is never easy. Oftentimes, in order to secure the compensation you need to cover your losses, you’ll need to bring a personal injury claim against the person or persons who are responsible for causing the accident and your subsequent injuries.
However, New York is a no-fault state for auto insurance. What this means is that you are required by law to carry personal injury protection (PIP) on your auto insurance policy. Doing so allows you to work with your own auto insurance provider to get some of your costs covered.
Below, we discuss personal injury protection, the no-fault law in New York, and how you can get every single loss covered after your insurer has covered their portion of your costs.
Personal injury protection coverage is required in New York. This coverage enables your insurance company to cover a portion of your losses including your medical expenses, lost wages, and other specific economic damages. The amount that will be covered will depend on the limits of the insurance policy you purchased.
There are certain aspects of the no-fault law that will impact your claim with the insurance company. One major component that will influence your claim is the inability to file a lawsuit unless your total economic losses are greater than $50,000. You may be able to pursue compensation if your attorney can demonstrate that your injury is serious.
It’s also worth noting that under the no-fault law, you will not be able to get any of the vehicle repair costs covered. However, you can include compensation for these property damages when you bring a claim against the at-fault party.
Although you can get a portion of your economic damages covered by your own insurance company, you will more than likely have a number of other losses that need to be taken care of. The entity who is liable for the cause of the accident should be expected to compensate you accordingly.
Some of the damages that should be considered in your civil lawsuit include the damage to your potential future earnings, your pain and suffering, emotional distress, your property damages, the loss of enjoyment of life, inconvenience, the loss of companionship and love, and the loss of household services, to name a few.
In the event that the Judge determines the actions of the culpable party were egregious or intentional, he or she may issue an award of punitive damages. Designed to make an example of the wrongdoer, punitive damages can dramatically increase the amount of your final award.
After examining the impact your injuries have had on your life, your attorney will be able to give you a better idea of how much you can expect to recover from your car crash claim.
If you’ve been injured in a motor vehicle collision and you need assistance ensuring that every single loss is taken care of by the insurance company and the at-fault party, consult with the highly trained car accident lawyers in New York.
A reputable law firm will offer their prospective clients a no-cost consultation so that you can make an educated decision about whether or not it’s in your best interest to move forward with a personal injury claim. Taking advantage of this opportunity can only help your case.