INTRODUCTION

In New York, and most if not all other states, drivers are legally required to have insurance. Driving can be very dangerous, and accidents can lead to very high costs like medical bills for injuries or repair bills for your vehicle. Insurance is there to cushion the financial blow of a collision. However, when an accident is not your fault but the fault of another driver, you might not know whose insurance to use, yours or the other driver’s.

New York is a “no-fault” state when it comes to insurance. This means your insurance is required to cover your or anyone in your vehicle’s medical bills regardless of who actually caused the accident (until the car insurance cuts you off). You are required to call your insurance after an accident because they are required to cover you. The system is designed to provide drivers with faster insurance pay-outs and prevent unnecessary lawsuits over smaller damages. However, if certain conditions are met, you can still file a personal injury lawsuit against the other driver.

If you were involved in a car accident in New York, you should notify your insurance but it is highly recommended to contact an attorney for a free consultation to review all your options. Remember in most, if not all of these cases, an attorney only gets paid if you get paid.

WHAT SHOULD I DO AFTER AN AUTO ACCIDENT?

• Seek Medical Attention – If you are hurt, or even think you might be hurt, pursue medical attention immediately. If you wait to get medical treatment, the insurance company will likely use that fact to suggest that your injuries were not very serious. Getting medical treatment right away and attending all suggested follow up are critical. Keeping notes on when your appointments were and how long they took you away from work are helpful as well.
• Take Pictures – Once you are well enough (or if you are seriously injured send someone else) go back to the scene of the accident and take pictures that will help you explain the circumstances around the accident. Pictures of your injuries, your car, the other cars involved and the intersection where the accident happened can all be very helpful in helping you explain exactly what happened.
• Take Notes – There are auto accident cases where weeks or even months go by before you are asked to tell your version of the accident. Taking a few notes about what time the accident happened, which way you were traveling, the names of any law enforcement officer you spoke with and obtaining a copy of the police report are all very helpful in helping you remember exactly what happened.

How Can A Staten Island Car Accident Lawyer Help Me?

If you have been injured in a car accident in Staten Island your damages may include more than your physical injuries as accidents can also result in psychological trauma, lost wages and the inability to return to work. While New York law provides No-Fault coverage to pay for a portion of your lost wages and medical bills, sometimes it is not enough to make an injury victim whole. A Staten Island car accident lawyer can review the facts of your case and help you get the full compensation you deserve.

Here are some of the steps accident attorneys will take in handling car accident case:

• Hire an investigator to visit the scene, gather evidence, including obtaining witness statements and possible video of the accident from local businesses;
• Notify the at-fault driver and insurance company to determine insurance limits and put them on notice of the claim;
• Review client’s own insurance policy, if applicable and notify carrier of accident, as necessary;
• Handle insurance paperwork and guide client through the insurance process;
• Negotiate with insurance companies;
• Allow client to focus on recovery while we protect your rights;
• Litigate your personal injury case (i.e., going to court);
• Communicate with you on a regular basis and keep you informed at every stage of the process.

DAMAGES YOU MAY BE ENTITLED TO AFTER A STATEN ISLAND CAR ACCIDENT

After suffering injuries in a car accident, Staten Island lawyer can help you seek all the damages you may be entitled to, which may include:

• Medical bills
• Lost earnings
• Pain and suffering
• Loss of enjoyment of life
• Psychological and emotional distress
• Disability

Can I Sue for Minor Injuries in a New York Motor Vehicle Accident?

New York Insurance Law §5102 defines what types of injuries are entitled to compensation when they are caused by auto accidents. It is important to understand that the Insurance Law was not drafted to help you, but to help the insurance companies limit their exposure.

“SERIOUS INJURY” UNDER INSURANCE LAW §5102:

Pursuant to the New York “Serious Injury” Threshold Law, if you have been injured in a vehicle accident, you must satisfy the “serious injury” threshold by meeting one of the following categories:

1. death;
2. dismemberment;
3. significant disfigurement;
4. fracture;
5. loss of a fetus;
6. a permanent loss of use of a body organ, member, function or system;
7. a permanent consequential limitation of use of a body organ or member;
8. a significant limitation of use of a body function or system; or
9. a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

While some of these categories, such as “fracture” are clear, soft tissue injuries involving the neck and back are often the basis of much litigation as to whether they satisfy any of these categories.

In sum, you must sustain what is defined as a “serious injury” which is defined with a lot of confusing legal words that sometimes create questions of fact for a jury to determine whether an injured party’s injuries rise to the level of a “serious injury” or are considered “minor” and not serious in which case you will not be able to recover anything for these minor or temporary injuries.

There are also times when there is a dispute as to whether the injury is permanent and/or whether it was caused by a prior accident.

You may be confused by what constitutes a “serious injury” as opposed to a “minor injury” after reading the legal definitions under the Insurance Law. You are not alone. Many judges have issued conflicting decisions on very similar injuries. You should contact an experienced Staten Island car accident lawyer as early as possible so that you can understand your legal options

LEGAL CONSIDEARTION AND HOW CAN A LAWYER FROM STATEN ISLAND CAN HELP

The compensation process after a car accident can be both stressful and confusing. For example, the insurance company may take their time when handling your claim by not communicating with you or returning your calls. Perhaps the insurance company makes the claims process very difficult and challenging for you to navigate.

The good news is that you can turn to an experienced personal injury attorney for help. Such attorneys have the necessary experience to represent your legal interests when filing a claim with your auto insurance company. If you were at least partially responsible or fully at fault for a car accident, an attorney experienced in personal injury cases and familiar with how insurance companies work possesses the skills and strategy to advocate on your behalf effectively.

Some of the ways an experienced personal injury attorney can help you navigate insurance concerns include:

#1. Understanding your Auto Insurance Policy

An attorney can best assist you with understanding the specific terms of your auto insurance policy and interpreting how the specific provisions impact your case based on the specific circumstances. For example, a personal injury attorney can help you understand the limits of your no-fault insurance coverage depending on your state-specific policy. For example, in New York, PIP coverage is limited to $50,000 per person, and coverage for lost wages is at 80 percent of income, which the state law caps at $2,000 a month.

A step that you can take to get started is to review your insurance policy and, if applicable, the consumer bill of rights, which some states, such as Texas, must provide you. Your bill of rights includes important deadlines, including when to submit a claim, and outlines both your and the insurer’s responsibilities.

#2. Understand your Insurance Options

An attorney can best advise you, according to the specific circumstances of your accident, as to whether you should seek supplemental coverage such as collision coverage.

#3. Navigate Insurance Claim Disagreements

If your auto insurance company disagrees with your assessment, or if you are dissatisfied with the insurance company’s assessment, an experienced personal injury attorney can best advise you of your legal rights, navigate the claims process, and advocate for you.

Most states assess liability and the proof you are submitting. An attorney can help you prepare the extensive paperwork required in this process to ensure accurate, organized, and concise information is properly and timely submitted.

#4. Contact the Insurance Company Directly

A frustrating aspect of insurance companies is the time it can take to receive compensation or obtain reimbursement. This can be particularly stressful if you suffer from a loss of income and have expended money on medical needs.

A personal injury attorney with experience communicating with insurance companies can help you find out more information and help you understand what to anticipate in the auto insurance claims process.