Auto, Car & Truck Accident Personal Injury
Our personal injury attorneys are experienced in handling personal injury and wrongful death cases caused by motor vehicle accidents, and are well-versed in New York State’s No-Fault Law. Under the law, which applies in most situations where a person is injured in an automobile accident, you are entitled to have your medical expenses and most of your lost wages paid by the insurance company insuring the car in which you were traveling at the time of the accident. The availability of these benefits does not depend upon who is at fault in causing the automobile accident.
In order to receive these no-fault benefits, you must act promptly in completing an application and sending it to the appropriate insurance company as soon as possible. There are strict time limitations within which you must provide the application and any supporting documentation to the insurance company. This would include proof of your medical expenses and proof of your lost earnings. Your health care providers should be told to bill the auto insurance carrier, not your medical insurance, Medicare or Medicaid.
Even if you caused the automobile accident, you are entitled to receive no-fault benefits for your medical expenses and lost wages. However, under the No-Fault Law, you do not have an absolute right to sue the other driver, even if they caused the accident. You can bring a lawsuit to recover from the other driver and his insurance company only if you suffer certain types of injuries defined by the law as a “serious injury.” These injuries include death, broken bones, dismemberment, significant scarring and permanent loss or significant non-permanent loss of use of a body system or organ. The No-Fault Law also includes other types of injuries that result in your being unable to perform your usual daily activities for at least 90 days out of the first 180 days following the accident. While some of these categories are very clear, others can be quite complex. Our personal injury attorneys can assist you in determining if you qualify.
Be sure to seek treatment promptly and tell your doctor about all of your symptoms, as your doctor must substantiate your injuries or limitations. If you qualify as having sustained a “serious injury,” you are entitled to bring a lawsuit against the negligent driver to recover for all of your accident damages, including any pain and suffering from the injuries, as well as any monetary loss beyond what has been reimbursed by no-fault insurance. Our attorneys have extensive experience handling personal injury and wrongful death cases caused by automobile accidents and can help you with claims involving:
- Negligently designed roads
- Drunk drivers
- Uninsured or underinsured motorists
- Reckless drivers
- Distracted driving
- Hit and run accidents