What Insurance Info Do I Need If I Have Been in an Accident?
If you are injured in an accident in New York, you have the right to seek compensation from your own insurance provider or from the at-fault party’s insurance provider – depending on the severity of the injuries you suffered.
Getting Compensation from Your Own Insurance Provider
If you suffered minor injuries in the accident, you can file a personal injury protection (PIP) claim with your auto insurance provider and receive compensation. You are required to file the claim within 45 days (to recover medical costs) or within 90 days (to recover lost earnings). You are also required to provide documentary evidence to prove that you suffered injuries and lost earnings as a result of the accident. However, you are not required to prove the other party’s fault, since it is a no-fault claim.
Getting Compensation from the Other Party’s Insurance provider
If you suffered injuries that are serious in nature and if the cost of treatment is likely to exceed $50,000 (which is the amount you can receive by filing a PIP claim), you can file a claim against the other party’s insurance provider and seek compensation from them.
An experienced New York car accident attorney can help you file the claim with the other party’s insurance company and negotiate with them on your behalf.
The claims adjustor from the at-fault party’s insurance company and your personal injury attorney will negotiate back and forth, make offers and counter offers, and try to reach an agreement. If you are satisfied with the settlement offer made by the insurance company, you can accept it and sign a release form to forfeit your right to file a claim against them.
If a negotiated settlement is not possible, your lawyer might choose to take your case to trial in order to recover the compensation you deserve.
Uninsured or Underinsured Motorist Coverage in New York
In case the driver who caused the accident happens to be uninsured, or if they were driving a stolen vehicle at the time, you can file a claim with your insurance provider and receive compensation.
Similarly, if the at-fault driver does not have sufficient insurance coverage to pay you, you can file a claim with your insurance provider and receive compensation.
Unlike uninsured motorist coverage, underinsured motorist coverage is not mandatory in New York. So, you can file the claim only if your policy includes underinsured motorist coverage.
Need to File a Personal Injury Claim in New York? We Can Help You!
If you have been injured in an accident and need to file a claim with your own insurance company or the at-fault party’s insurance company, the personal injury attorneys at the Law Offices of Michael S. Lamonsoff can help you.
With unparalleled legal expertise, over 100 years of combined legal experience, and substantial resources, our firm is uniquely positioned to take up your claim – regardless of how complicated it might be.
Led by highly-rated, award-winning personal injury attorney Michael S. Lamonsoff, our team has recovered more than 500 million in compensation for our clients over the years.
To find out how we can help you with your claim, call us today at 212-962-1020 or contact us online and schedule a free consultation with a touch as nails New York personal injury attorney.