Being involved in an auto collision can create a great deal of stress and uncertainty. Even a minor car accident can lead to significant expense and wasted time dealing with repairs and filing insurance claims. More serious incidents have the potential to leave you with a debilitating injury that permanently impacts your future.
Regardless of severity, if you sustained harm in an auto wreck that was due to someone else’s negligence, reaching out to a qualified personal injury attorney should be on your list of priorities. At Richmond Vona, LLC, one of our Harris Hill car accident lawyers can help you pursue the compensation you need to get your life back on track. Call our firm today to begin reviewing the details of your case.
How No-Fault Car Insurance Works
New York law requires all drivers to have liability insurance and personal injury protection (PIP). The minimum PIP coverage is $50,000. However, the system in this state is different from those that are traditionally fault-based. In New York, an injured person’s PIP pays for their medical treatment and lost wages regardless of which driver was responsible for the incident. If drivers and their passengers have no PIP, they may be able to seek reimbursement from the other motorist’s policy.
PIP reimburses 100 percent of an injured person’s medical costs, and 80 percent of their lost wages, but only up to $2000 per month. It can cover lost wages for up to three years or until the payments reach the policy limit. Our Harris Hill attorneys can help an injured person file the documents their PIP carrier requires to support a claim after a car crash.
For a free legal consultation with a car accident lawyer serving Harris Hill, call (716) 300-5885
Proving Fault in a Car Accident Claim
Someone injured in a car accident can file a third-party claim against an at-fault driver’s liability insurance if their PIP policy is insufficient to cover their losses. However, under New York Civil Practice Law & Rules § 1411, insurers will only pay for the portion of the injured party’s damages that reflect the other driver’s percentage of fault. This means that if the injured person was found to be 20 percent responsible for the wreck, they could collect 80 percent of their damages from other responsible parties.
Our Harris Hill attorneys know how to investigate a car crash to determine fault. They will look at police reports, witness statements, and physical evidence like photographs, video from dashcams, surveillance camera footage, and vehicle damage reports to determine how a crash happened and who is liable.
Harris Hill Car Accident Lawyer Near Me (716) 300-5885
Taking the Other Party to Court
If a person’s injury is deemed serious under the law, their non-economic damages, including pain, mental suffering, disability, scarring, lost enjoyment of life, and other subjective effects of the injury, might be substantial. Collecting adequate settlement amounts for these non-economic damages may require taking a claim to court.
New York Insurance Law § 5102d allows a car accident victim to sue an at-fault driver if their injuries are deemed “serious.” This includes:
- Any bone fractures
- Significant limitation of use of a body function or system
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
This also includes any non-permanent medically determined injury or impairment that keeps the injured person from performing their usual daily activities for a minimum of 90 days during the 180 days immediately after their accident.
The insurance company for an at-fault driver will often argue that an injury does not qualify as serious under the law. Our Harris Hill car accident attorneys can present medical records and expert testimony to prove that an injured person has the right to pursue damages in court.
Enlist the Help of a Harris Hill Car Accident Attorney to Maximize Your Potential Compensation
If you sustained injuries in a vehicle crash, you might have difficulty getting appropriate compensation without skilled legal representation. The no-fault system may work well for people with minor injuries, but is complicated for someone who suffers significant losses.
A Harris Hill car accident lawyer is eager to put their knowledge and experience to work for you. Call Richmond Vona, LLC, today for a free consultation and guidance you can trust.