MOTOR VEHICLE ACCIDENTS
Injured by a reckless driver?
Motor vehicle accidents are the most common personal injury cases. In New York, when a person is injured in a car accident they typically have two avenues of recovery, no-fault and personal injury.
A no-fault claim is automatic and benefits are paid by the insurance company of the vehicle you were traveling in at the time of the accident regardless of fault. Even if the other driver negligently ran a red light causing you to become injured, the car that you were traveling in is still responsible for the payment of the no-fault benefits. If a pedestrian is hit by a motor vehicle, the no-fault benefits are paid by the car involved.
No-fault benefits primarily pay for lost wages (80% of your gross pay, up to $2000 a month) and medical bills resulting from and relating to the accident. To obtain no-fault benefits, it is imperative that a no-fault application be filled out and received by the insurance company within 30 days from the date of the accident. This time period is crucial, and if application is not submitted within that time, the insurance company is not required to pay and often times they will deny benefits. No-fault payments typically do not affect insurance premiums.
There are other important deadlines that pertain to no-fault claims. If you are injured in an automobile accident, it is imperative that you contact an attorney immediately so that one can advise you of your rights and responsibilities under the law. The minimal car insurance policy in New York State covers up to $50,000 in no-fault benefits.
The no-fault law does not apply to motorcycle accidents.
The second avenue of recovery that can arise out of a motor vehicle accident is a personal injury lawsuit against the person at fault in the accident. This is a claim to compensate one for pain and suffering, medical bills, and/or lost wages that exceed the $50,000 no-fault limit.
In order to have a valid claim for personal injuries in a motor vehicle accident in New York, the other driver must have caused or contributed to the accident and the claimant must have sustained a "serious injury". A "serious injury" is defined by New York State Insurance Law Section 5102 (d) as, "a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of fetus; permenant loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment."
If you have been injured in a motor vehicle accident, it is imperative that you contact an attorney immediately so that you become informed of your rights.
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